Technology has brought many benefits to our lives, but it has also introduced new dangers that we must be aware of to protect ourselves and our businesses. Every day, we hear about new cases of cyber-attacks and data breaches, which can lead to significant financial losses, reputational damage, and legal problems.

What are four computer crimes charges you could face?

1. Hacking

Hacking refers to unauthorized access to a computer system or network. Hackers can exploit vulnerabilities in software and hardware to gain access to sensitive data, such as corporate secrets, financial records, and customer information. Criminals also use hacking to steal identities, install malware, and launch other types of attacks, such as Distributed Denial of Service (DDoS) attacks.

Computer users are encouraged to use strong passwords, update software regularly, and use firewalls and antivirus software to avoid hacking issues.

2. Phishing

Phishing is a type of social engineering attack where attackers use emails, phone calls, or text messages to trick people into revealing sensitive information, including:

• Passwords
• Credit card numbers
• Social Security numbers

These attacks can also lead to malware infections or credential theft, which can be used to launch other types of attacks.

To prevent phishing, people should be cautious of suspicious emails or messages, verify the identity of the sender, and use two-factor authentication.

3. Malware

Malware is a type of software that is designed to harm a computer system or network. It can take many forms, including:

• Viruses
• Trojans
• Ransomware
• Spyware

Criminals use malware to steal data, disrupt operations, extort money, or hijack computer systems.

To prevent malware, you should avoid downloading software from untrusted sources, use antivirus software, and keep your software updated.

4. Insider Threats

Insider threats refer to threats that originate from within an organization, such as employees, contractors, or business partners. They can involve intentional or unintentional actions that lead to data breaches, theft, or other damages.

Insider threats occur due to:

• Negligence
• Malicious intent
• Lack of training or oversight

To prevent insider threats:

• Implement access controls
• Enforce security policies
• Monitor the behavior of your employees and contractors

In conclusion, preventing computer crimes requires a multi-layered approach that involves technology, policies, and education. By understanding the different types of computer crimes, you can better protect yourself and your business.

It’s also important to understand the various types of computer crimes. This ensures you don’t do something accidentally that could result in criminal accusations. Technology is complex and it’s possible to do something you don’t intend to do that results in accusations of a crime. If this happens you need to speak to an attorney immediately.

Computer crime accusations can result in high fines and jail time. No matter your intentions, you need the protection of an experienced criminal attorney to help you. If you’d like to learn more about how a criminal defense attorney can help you if you’re accused of a computer crime or you’d like to speak to someone about your situation, contact David Lindsey.

Anyone facing criminal charges or who is under investigation is likely concerned about what the future holds. If you’re in this situation, you should do everything you can to protect your rights. Unfortunately, some people hesitate to hire a lawyer because they believe that legal representation is too expensive. But the cost of not hiring a lawyer can be much higher.

Understanding your options is one of the best things you can do when hiring an attorney to defend you in a criminal investigation. Here’s what you need to know.

Hourly vs. Flat Fees

Criminal defense attorneys typically charge either an hourly fee or a flat fee.

An hourly fee means that you pay the lawyer for each hour of work they do on your case. The rate varies based on the lawyer’s experience, expertise, and location.

A flat fee, on the other hand, means that you pay the lawyer a set amount for the entire case, regardless of how many hours they work. A flat fee is common for simple cases, such as traffic violations, and can range from a few hundred dollars to a few thousand dollars. Hourly fees are more common for complex cases, such as felonies, and can range from $150 to $1,000 per hour.

Factors Influencing the Fees

Several factors influence how much a criminal defense attorney charges, including:

• Complexity of the case
• Lawyer’s experience
• Location of the case

A complex case with multiple charges, witnesses, or evidence will require more time and effort from the lawyer, resulting in higher fees. The more experienced the lawyer, the higher the hourly rate or flat fee. A lawyer with significant experience in federal criminal cases will charge more than a lawyer who handles only misdemeanors. Finally, the location of the case can impact the fees because of differences in the cost of living and the level of competition among lawyers.

Payment Plans

If you can’t afford a criminal defense attorney’s fees upfront, you can discuss payment plans with the lawyer.

Many criminal defense attorneys offer payment plans that allow you to pay a portion of the fee upfront and the rest in installments. The terms of the payment plan depend on the lawyer’s policies and your financial situation. Some lawyers may require a credit check or a co-signer for the installment agreement.

Hiring a Public Defender

If you can’t afford a criminal defense attorney, you can apply for a public defender. A public defender is a lawyer appointed by the court to represent you if you can’t afford a private attorney. Public defenders are available for criminal cases within the court’s jurisdiction. While public defenders offer legal representation for free, the quality of the representation may be lower due to the volume of cases they handle, and they may have less time to devote to each case.

Should I Hire an Attorney?

Hiring a criminal defense attorney may seem expensive, but the cost of not hiring one can be detrimental to your case and your life. A criminal conviction can result in jail time, fines, and a criminal record that can affect your future employment opportunities and personal relationships.

Understanding the fees and payment options of a criminal defense attorney can help you make an informed decision and avoid surprises down the road. If you’re facing criminal charges, it’s best to consult with an experienced criminal defense attorney to assess your options and protect your rights.

If you’d like to learn more about criminal defense attorney fees or you’d like to speak to someone about your situation, contact David Lindsey.

What constitutes a violation of constitutional rights? Here’s what you should know.

You must understand your Miranda rights if you’re accused of a crime. These rights protect you from self-incrimination. It is important to understand that these rights apply regardless of whether or not you have actually been charged with a crime. If law enforcement wants to speak to you, they must inform you of your Miranda rights before questioning you.

Unfortunately, you cannot rely on the system to do as it should and protect you. It’s common for people arrested to have their rights violated.

What are some of the ways the legal system might violate your Constitutional rights?

1. Questioning without an Attorney

Law enforcement can question someone accused of a crime without their attorney present, but only if the person consents. If you’re being questioned by police, they must tell you that you have a right to wait until your attorney arrives. You have a right to refuse to speak to law enforcement without your attorney present.

Why is this important?

Law enforcement officers are trained in how to question suspects. They might attempt to get suspects to waive their Miranda rights and agree to speak with them without an attorney present. Suspects should be aware that law enforcement will use anything they say against them in a court of law. Even if an officer says that they are just trying to help, anything you say can be used as evidence against you.

It is important to remember that you have the right to remain silent and the right to an attorney. You should never waive these rights without first speaking with an attorney. This is true whether you are guilty or innocent. An experienced criminal defense attorney will be able to advise you on whether or not it is in your best interest to speak with law enforcement.

2. Illegal Searches

Police officers are not allowed to enter your property without a warrant, with only a few exceptions.

What Constitutes an Illegal Search?

An illegal search occurs when the police enter your property without a warrant or your permission. It’s also illegal to search a property with a warrant but without probable cause. Probable cause is a reasonable belief that you have committed a crime based on the evidence that the police have.

Not all searches without a warrant are illegal. If you’re unsure if a search was problematic, be sure to share the details of your situation with an attorney.

Consequences of an Illegal Search

With some exceptions, evidence obtained in an illegal search isn’t permissible in court.

For example, if the police find drugs in plain view while they are on your property, they may use this evidence against you even if the related search was illegal. Additionally, if you give the police permission to search your property, they can use any evidence they find against you regardless of whether or not the search was legal.

3. Bribery or Intimidation

Police often try to get you to confess or to provide information that implicates you or someone else in a crime. They might offer you a deal, make threats, or use other forms of coercion.

In most cases, using these tactics to get you to confess is a violation of your rights. Additionally, anything that the police threaten to charge you with must be supported by evidence. Otherwise, these charges will not be brought against you.

The best thing that you can do if the police try to interrogate you is to ask for an attorney and then remain silent until your lawyer arrives. An experienced criminal defense attorney can protect your rights and make sure that any threats or coercion used by the police doesn’t hurt you.

Contact David Lindsey if you believe you are a victim of a violation of your constitutional rights.

There is a big difference between possessing pornographic material and distributing pornographic material.

Distributing pornography is a serious crime that can lead to severe penalties, including jail time. Possessing pornography, on the other hand, is not necessarily a crime. Although it may be considered one if the possession is found to be part of a larger distribution scheme.

What should you know if you are facing criminal charges related to pornographic material?

Possessing Pornographic Material

It is not a crime in the United States to possess legal pornographic material.

In the United States, pornographic material is defined as anything depicting sexual activity or nudity in a manner intended to cause sexual arousal or excitement. This includes both real and simulated images of sexual activity, as well as nudity.

It wasn’t until 1977 that officials made an effort to ban the production and dissemination of pornographic materials featuring children. Before that, only two states had laws prohibiting the use of minors in pornographic performances or materials.

Under current-day federal law, it is a crime to possess, distribute, or produce non-fictional child pornography. Anyone accused of doing so is at risk of large fines and prison sentences. This could mean up to 30 years upon conviction.

Additionally, they must register as a sex offender.

What Should I Do If I’m Accused of Possessing or Distributing Illegal Porn?

It is a crime to possess or distribute illegal porn in the United States.

Distributing illegal pornographic material means you’re committing two crimes – possessing illegal porn and distributing it to other people.

Keep in mind, possession of child pornography, either on your computer or in tangible form, without distributing it is still a serious crime. It puts you at risk of a lengthy stint in Federal Prison depending on the particular facts of the case. You must contact an experienced child pornography attorney as soon as you suspect you are under investigation.

Your potential time in prison increases under the Federal Sentencing Guidelines when there’s a conviction of distribution, in addition to possession.

It’s also important to remember that accessing peer-to-peer networks to view illegal porn could put you at risk of severer penalties. Many people who use these networks do not realize that accessing these networks allows other users to download files from their computers. You might not intend to share (distribute) pornographic materials, but you could still face increased penalties when using these networks.

The legal elements of distribution could be met if another member, or the government, accesses illegal pornographic material from your computer through one of these networks.

If you’ve been accused of possession or distribution of illegal pornography you need a lawyer. It’s best to work with someone familiar with child pornography laws who understands the severity of the charges you’re facing. An experienced attorney can complete an investigation including a forensic evaluation of your computer.

To learn more or to speak to someone who can help you if you’ve been accused of possessing or distributing illegal porn, contact David Lindsey.

Both Wyoming and Colorado have strict laws regulating hunting certain game and wildlife. Hunting is an important part of the cultures and economies of both states, but the only way for this to continue is to limit certain aspects of the sport, including poaching.

A conviction for hunting crimes in Colorado and Wyoming carries serious consequences.

These include:

• Jail
• Fines
• Restitution

What do you need to know about poaching?

Anyone hunting for small game, trophy game, or fishing in Colorado or Wyoming must have the appropriate license. Hunters must adhere to seasonal regulations and limit the methods they use to harvest wildlife. There are also requirements regarding hunting safety and coupons proving the lawful harvesting of an animal.

Any violation of these rules, including hunting without permission or the authority to do so, is poaching.

Wyoming Poaching Laws and Punishments

The consequences of poaching in Wyoming vary based on the specific law violated, the offender’s criminal history, and the animal in question.

Fines for illegal hunting range from $1000 to $10,000 and a maximum of one year in jail. The severest penalties apply to the killing of big game, trophy animals, and gray wolves. Other animals that receive greater protection under the state’s laws include:

• Black and Grizzly bears
• Mountain lions and goats
• Horned antelope
• Antlered moose, deer, and elk
• Bighorn sheep

Hunting these animals is a misdemeanor, but fines range from $5000 to $10,000 and a year in jail.

Hunters might also be ordered to pay restitution for each animal killed.

Poaching becomes a felony when a person acquires three convictions for killing any of the above-listed animals in a decade. Fines for felony poaching range from $5000 to $10,000 and up to two years in prison.

What If I’m Attacked?

One of the most common ways someone could face charges for poaching when they did not intend to kill an animal on the protected list is during an attack. The protected animals are all capable of seriously injuring or killing a human being. But defending yourself during an attack could get you into trouble.

Colorado has implemented forensic science practices to help sort out claims of an attack from poaching. The state uses DNA analysis to confirm an animal’s involvement in an attack.

If there are questions about an incident, officials submit the animal’s DNA to a specific lab for analysis. The evidence from the DNA analysis, as well as other evidence discovered at the scene of the animal’s killing, is used by US Fish and Wildlife Services, as well as the Colorado Bureau of Investigation to determine if a crime was committed.

The information provided by the analysis has helped officials sort through the more than 50,000 wildlife violations in the state over the last 10 years.

Working with a Colorado and Wyoming Poaching Defense Lawyer

Anyone accused of poaching in Colorado or Wyoming must contact an attorney who has experience with poaching laws. A poaching conviction can result in the suspension of your license, high fines, jail time, and other penalties. In addition to interfering with your future opportunities to hunt, a conviction can affect your ability to get a job or obtain a professional license.

If you’ve been accused of poaching, contact Wyoming and Colorado poaching defense attorney David Lindsey to schedule a free consultation.

If you’ve been charged with a crime, you may be wondering if you need an attorney. After all, the criminal justice system can be confusing and overwhelming, and it’s natural to want someone on your side who can help guide you through the process.

Here’s how to know if you should contact an attorney:

You’re Charged with a Crime

You need an attorney if you’re facing felony charges or anything similar. These types of charges can result in significant penalties, including prison time, and you’ll want to make sure you have someone on your side who knows how to navigate the criminal justice system.

You’re Not Sure What Lies Ahead

Attorneys provide clarity and direction when you’re feeling lost and confused about your legal situation. Your attorney will be able to explain the charges against you and your options for moving forward, which can help ease your anxiety and stress.

You’ve Been Contact by Law Enforcement

You should contact an attorney as soon as law enforcement contacts you. Attorneys provide peace of mind. They’ll ensure you don’t say anything the prosecution will use against you.

You’re Facing Jail Time

If you’re facing the possibility of jail time or other severe penalties, you need an attorney. Attorneys advocate on your behalf. They do what they can to get the charges against you reduced or dismissed.

The Evidence Against You is Overwhelming

If the evidence against you is strong, you may still have options, but you’ll need an experienced attorney to help you navigate the criminal justice system. They’ll review the evidence against you and use any weaknesses in your favor.

You Already Have a Criminal Record

If you have a previous criminal record, it’s important to have an attorney on your side. Legal professionals ensure that your previous record doesn’t unfairly impact your current case.

You’re a Juvenile or Your Child is Accused of a Crime

You need an attorney if you’re under 18 and you’re facing criminal charges. They can explain the juvenile justice system and your rights, so the experience is a little less daunting.

You’re Not a US Citizen

If you’re not a US citizen and you’re accused of a crime, it’s important to contact an attorney immediately. A conviction can result in your deportation, even if you’ve been living in the US for many years. An attorney can help you navigate the criminal justice system and work to keep you in the country.

These are just a few signs that you might need an attorney. If you’re unsure, it’s always best to err on the side of caution and contact an attorney. A legal professional will review your case and help you understand your rights and options.

If you’d like to speak with an experienced legal professional or you fit into any of the above categories, please contact David Lindsey to schedule a consultation.

If your autistic child is accused of a crime, they may be exempt from the most severe legal consequences. This is because the courts recognize that autistic children often have difficulty understanding and following rules and may not be able to control their behavior.

However, this does not automatically exempt your child from all legal consequences should they commit a crime. The court will still consider the specific circumstances of the case and the severity of the offense when making a decision.

Was Your Child Accused of a Sex Crime?

There are a few things to keep in mind if your child is facing charges. First, it is important to remember that your child has a right to a fair trial. You should do everything you can to ensure that your child receives a fair hearing.

Second, it is important to understand that the autism diagnosis itself is not a crime. Nobody will assume your child is guilty solely due to their diagnosis.

Third, you should be prepared to work with your child’s therapists and other professionals. This ensures that they are receiving the best possible care. This may include making sure that your child has access to appropriate resources and services.

Finally, it is important to remember that you are not alone. There are many resources and support groups available to help families in this situation.

Can You Use Autism as a Criminal Defense?

Autism might serve as part of the defense of children accused of a crime. It depends on the specific facts of the case and whether the court believes that autism significantly impaired your child’s ability to understand the wrongfulness of his or her actions.

People with autism sometimes misunderstand the consequences of their actions.

For example, they may not realize that stealing is wrong because they do not understand the concept of property ownership. Or they may not realize that punching someone is wrong because they do not understand the pain that they are causing.

For autism to be a successful defense, you’ll need to show that it significantly impaired your child’s ability to understand the wrongfulness of his or her actions. This can be a difficult standard to meet.

It is important to note that, even if autism does significantly impair their ability to understand the wrongfulness of their actions, they may still be found guilty of a crime. In some cases, the court may find that the public needs protection from your child’s actions. This is true even though they did not understand that they did anything wrong.

Advocate for Your Child and Support Them throughout the Legal Process

Acting as your child’s advocate during this challenging time is one of the most important things you can do.

This begins with making sure the prosecutor takes your child’s autism diagnosis into account.

If you haven’t already, educate yourself about autism spectrum disorder and how it can impact a person’s behavior. This way you can better understand your child’s actions. Be patient and understanding with your child as they go through the legal process. The entire thing can be very confusing and overwhelming.

It also helps to seek support from other parents of autistic children, as they can offer valuable insight and advice.

Finally, and perhaps the most important thing you can do is to hire an experienced lawyer. Find someone who is familiar with autism and how it affects a person’s ability to understand and comply with the law.

You can learn more about autism from the CDC.

If you have concerns that your autistic child may be accused of a crime, it is important to speak to an experienced criminal defense attorney who can help protect their rights.

Hiring a local criminal attorney is beneficial for many reasons. A local attorney provides expertise with your specific criminal law issue. They also understand local laws affecting your case. This is important because criminal laws tend to vary from state to state.

Working with a local attorney is also important if you have limited resources. Most attorneys are active in their community and have worked with people in the past who can help you establish your strongest case.

What if I’m facing federal charges?

Working with a local attorney is most important when you are accused of breaking local or state laws. A local attorney can help you if you’re facing federal charges, but it’s essential to work with someone in your community if you’re facing charges at a local level.

What are three of the most important reasons you should work with a local attorney when accused of a crime?

1. Local Criminal Attorneys are Familiar with Your Area

Many people hire attorneys from their local area because they feel more comfortable working with someone who knows the surrounding area. It’s their community too and they understand the area’s demographic.

2. Local Criminal Attorneys Know Local Laws

Laws vary from state to state and municipality to municipality. They tend to be similar, but subtle differences can have a major effect on your case.

For example, medical and recreational marijuana laws are different from state to state. If you’re arrested on drug charges, working with a local attorney means you’ll have someone in your corner that knows the laws in your state. And since marijuana laws have been in flux the last few years, it’s especially important to work with someone familiar with the most recent updates.

3. Local Criminal Attorneys are Connected to Community Resources

Local attorneys have experience working with people and resources in the community. They‘ll know who to contact to get information about your case. They can also refer you to support services if you need them.

This not only helps you while you’re constructing your defense, but it can also be helpful long-term. This is true whether you are found guilty or not. Criminal charges have a significant on your life, even if the court system exonerates you. Your attorney is aware of and can refer you to the support you need to get your life back on track after this disruption.

And as you might expect, a local attorney can put together your strongest defense. They have an existing relationship with many of the people who can help your case. This includes expert witnesses, law enforcement officials, and more.

4. Local Criminal Attorneys Know the Judges and Prosecutors Overseeing Your Case

Your local attorney knows the judges and prosecutors in the local jurisdictions. They are also familiar with the reputation of a local attorney. This helps you get the best outcome possible.

Your attorney can’t change any laws to be in your favor, but their familiarity with the local judicial system means they can prep you for what to expect. They’ll also be able to anticipate community response and predict how much attention if any, your case will receive.

Should You Contact a Local Attorney to Help You with Your Case?

If you’ve been accused of a crime, it’s important to work with an attorney familiar with your type of case. But it’s just as important to find someone who understands local laws and your community in general.

If you have questions or you’d like to speak to someone about your case, contact David Lindsey to schedule a consultation.

Few crimes damage your reputation like child molestation. If you’ve been falsely accused of acting inappropriate with a child, everything is on the line. Child molestation charges affect your career, your personal life, your reputation in your community, and more. You could end up on a sex offender registry for the rest of your life.

If you have been accused of molesting a child or you suspect you could be, you need to reach out to an attorney immediately.

Despite the protections offered by the law and the idea that someone is innocent until proven guilty, you face an uphill battle if you’re accused of child molestation. The so-called court of public opinion won’t bother examining evidence or considering all of the factors involved in your case.

The smartest thing you can do in this situation is to contact an experienced attorney.

What Can You Do to Reduce the Risk of False Accusations?

If you work with children or spend time around kids, there are several things you should do to protect yourself from false accusations. For example:

• Behave respectfully and professionally with children and their parents.
• Avoid speaking about anything inappropriate, even if you are joking.
• Make sure your interactions with children are public. If you must be close to a child, make sure other people are around to see your interactions.
• If you are in the midst of a divorce and concerned your spouse might accuse you of something, do your best to act as amicably as possible. False accusations of molestation occur more frequently than most people realize in family law disputes.
• Limit interactions with children on social media. People take comments out of context and use them against you, especially if false accusations arise.
• If accused of wrongdoing, request that your attorney handles all communication with law enforcement and prosecution. Law enforcement and the legal system use comments made by innocent people against them. Don’t assume that anyone is on your side, other than your attorney. Do not think that being innocent means you won’t face charges or be convicted.

There is very little you can do to prevent people from making accusations against you. The best thing to do is build a strong defense.

What Can You Do to Protect Your Rights If You’re Falsely Accused of Child Molestation?

The smartest thing you can do when facing false accusations of child molestation is to contact an attorney as soon as possible. Even if there are no charges yet and law enforcement only wants to speak to you about a situation, you need to have an attorney assisting you.

You shouldn’t hope that the situation goes away or wait until it resolves itself on its own. Nor should you wait until it escalates. The best thing you can do is to have professional legal support protecting your rights. As difficult as your situation might be, your attorney will not judge you. They are there to help you and support you through this challenging time.

For more information or to discuss your case with a legal professional, contact David Lindsey.

Has your ex made false allegations against you?

It’s common for tensions to run high during a divorce. Many couples argue and behave in underhanded ways to deal with the difficulty they’re having with the end of their relationship. It’s stressful and unfortunate, but eventually, things calm down and ex-spouses move on.

But unfortunately, in some cases, hard feelings lead to false criminal accusations. A former spouse bitter about their situation might lash out and accuse their significant other of any number of crimes, including domestic abuse or neglect or financial crimes. Their goal might also be to discredit their partner to curry favor from the divorce court.

Regardless of why your former spouse is lashing out against you, it’s important to seek legal support. What should you do if your ex falsely accuses you of doing something illegal?

Defend Yourself

It’s tempting to not take your ex seriously when they say something untrue about you. Chances are you’ve heard a few things from them as your relationship was breaking down that revealed their thoughts and feelings.

But if they’re taking their accusations to the court, your situation has risen to a different level of concern. The best thing you can do is deal with the accusations directly, regardless of whether they are true or not. Even if there is some truth to the accusation, you need to clearly explain the situation and make sure the court knows your version of the event in question.

This doesn’t mean to get into an argument with your ex. Do not exacerbate the situation or “take the bait” they might be offering. You can ignore their words as they say them, but you can’t ignore the overall situation, especially if they’ve involved law enforcement or the court.

You and your attorney can discuss the specifics of the situation and decide how to proceed. The important thing to know is that you shouldn’t ignore the accusations and assume nothing will come of them if the court is involved.

Gather Evidence and Build Your Defense

If there is anything that can prove your accusations wrong – documents, emails or texts, witnesses, etc. – you’ll want to share that information with your attorney. The more tools you use to show that your ex is lying the stronger your defense.

This is true even if there is a bit of truth to the accusations. Acknowledge the truthful aspects of the accusations, but show proof that the overall accusation is untruthful.

You don’t want to defend against a lie with another lie. Even if some part of the accusation shows you in a poor light, you’re better off being honest about the situation.

Trust Your Attorney If Your Ex Has Made False Allegations

An experienced attorney is your greatest asset during a divorce. This is even more so the case if your spouse has levied criminal accusations against you. Depending on the extent of the accusations and whether law enforcement is involved, you might need to bring a criminal attorney onto your team, as well.

Every situation is unique. If your ex has no evidence to support their claims against you, it might be easy to refute their accusation and move on. However, these situations tend to be personal and complicated. You must comply with court orders, even if they are based on false allegations. Your attorney can help you sort through the details of your situation and determine the best way to respond.

If your spouse has made false criminal allegations against you, David Lindsey can help. For more information or to schedule a consultation, contact David to learn more.

What can you do if you’re accused of possessing illegal porn?

There’s no denying that people intentionally seeking illegal pornographic materials, much of which features minors, deserve to face legal consequences.

But what about people who accidentally end up in possession of illegal pornography?

Modern technology allows for the simple and rapid exchange of all kinds of material. It surprises many people to learn how often illegal porn ends up on people’s computers and other devices by accident.

What to Expect and What Should You Do If You or a Loved One is Accused of Possessing Illegal Porn?

First, it’s important to understand what the law deems illegal when it comes to pornographic content. You can learn more in this guide from the Department of Justice.

Most of these cases begin with a search warrant for a computer or other device believed to contain illegal material. Law enforcement requests a warrant when someone reports to them the suspicion of pornographic material. In other cases, websites shut down for posting or promoting illegal material have their client/customer lists confiscated.

If law enforcement has a search warrant, there isn’t much you can do to prevent the confiscation of your device. But this doesn’t mean you should say anything to them about the matter.

Avoid Speaking to Law Enforcement

One of the worst things you can do if questioned by police about illegal pornographic material is to speak to them without an attorney. Even if you had no idea the material was on your device or you believe that it is not on your device, the prosecution can use anything you say against you.

Law enforcement has no obligation to be honest with you during its investigation. They can use a variety of tactics to trick you into admitting something. Sometimes, they try to confuse you into saying something that paints you as a criminal. Everything you say once an investigation is underway is evidence and becomes part of the prosecution’s defense against you.

The sooner you hire an attorney the better. These types of investigations can be lengthy. Waiting until the prosecution files charges to contact an attorney costs you precious time that you could be building a defense.

If you’ve been accused of possessing illegal porn, now is not a time to do nothing and hope for the best. You must be aggressive and make smart choices when facing charges of possession of illegal pornography, even if you are innocent.

Will Law Enforcement Return My Device?

You should not expect to get your device back, at least not any time soon. If law enforcement has confiscated it for an investigation, you’re better off replacing the device. The original device is evidence in a criminal investigation and chances are, you’ve lost the original device forever.

Possession of child pornography could result in both state and federal charges. You could face lengthy time in jail, as well as significant fines. Charges with or without a conviction could ruin your reputation and interfere with all aspects of your life. You must take the situation seriously and assume the worst-case scenario will unfold, even if you are innocent.

What are the Potential Defenses for People Facing Illegal Pornography Charges?

The good news is most people accused of possessing child pornography have several potential defenses they can use. For example:

• The prosecution must prove intent to convict you of possessing illegal pornography. The defendant must know that the material in their possession is illegal and the prosecution must show this to be the case. If you had no idea what was in your possession was illegal could be part of your defense.
• If you share your computer or another device with someone else, the prosecution could have a tough time proving you were the person who intended to gain access to the illegal materials. Likewise, if you or someone using your device downloads material without knowing what the content of the material might be. This is often the case when clicking on links without knowing what they lead to and/or extracting images in bulk from a zipped file.
• Some states require the defendant to download the material. If there is only proof that someone viewed the illegal material without downloading it or they did not realize they’d downloaded it – they did not “knowingly possess it,” the prosecution could have a tough time proving possession.
• The prosecution must show you intended to distribute the materials to other people if you’re accused of dissemination of illegal pornography. If someone gained access to illegal material on your computer via a peer-to-peer sharing system and you didn’t know how these programs worked, a conviction of intent to distribute is unlikely.
• The original search warrant used to seize your devices must be legal. This means law enforcement needs probable cause. Otherwise, they cannot use the evidence gathered as a result of the warrant against you. Your attorney will carefully review the search warrant filed against you to ensure it was legal.

Contact an Experienced Attorney

Despite the challenges the prosecution faces proving its case against you, it still has the upper hand. There is no doubt the legal system favors the prosecution in these cases. Those people accused of possessing illegal pornographic material face an uphill battle. This is why it’s so important to reach out to an attorney immediately, as soon as you suspect you are under investigation.

To discuss your situation with an experienced professional or to learn more about your options if accused of possessing or distributing illegal pornography, contact David Lindsey to schedule a free consultation.

Is your child on the spectrum and been accused of a crime? Children with autism benefit from a variety of different laws created to protect them. Your child’s diagnosis also plays a role in his or her defense. How does the law protect people with autism?

Here’s what you need to know.

What is Autism?

The medical community has a better understanding of autism now than it ever has. But to many people, it’s still a mystery. This misunderstanding often leads to issues in school, work, and other places.

Autism is a neurodevelopmental disorder. It impairs social development and results in communication challenges. Many autistic people engage in repetitive behavior.

The term “autistic” covers a variety of issues, including other disorders, such as pervasive development disorder and Asperger’s syndrome. An autistic person can be very highly intelligent, but they might also have moderate or low intelligence.

What Happens When Autism Plays a Role in a Crime?

There are many laws in place that protect people on the autism spectrum. Many of these laws prevent schools from limiting the movement or secluding people with autism. Low-functioning people diagnosed with autism might qualify for Supplemental Security Income or Social Security Disability Insurance.

But what happens if a person’s autism plays a role in their being accused of committing a crime?

Is it possible to use an autism diagnosis as a defense against criminal charges?

The simplest answer is “maybe.”

Developmental Disabilities and the Court System

Developmental disability is rarely a successful defense. To use it, there should be a mental health evaluation. This ensures that a defendant has at least one professional opinion to back up their claim.

However, even with an evaluation, these are complicated defenses. Mental health is not an exact science. There are many varying opinions on mental health issues, including autism. Human behavior is complicated. Opinions vary based on the information the medical community has regarding autism.

Additionally, the justice system is based on people having a rational understanding of the system and making voluntary choices. People with intellectual disabilities might not understand legal proceedings and might be incapable of making well-reasoned choices.

Finally, the justice system doesn’t have a great track record of dealing with cases in which a defendant has a developmental disability. Case law is inconsistent and for many, successfully arguing a case results in the defendant dealing with a worse fate than had they not used a defense based on autism.

This doesn’t mean people on the spectrum accused of a crime have no hope. A person’s ability to understand the effect of his or her actions is an important part of a legal defense. But claiming someone is not responsible for their behavior solely based on having autism is not as black-and-white as it seems.

How Does the Law Protect People with Autism?

If you or your child has been accused of a crime and autism is a factor, I can help. I’ve worked with clients on the spectrum and I understand the complexities of building a successful defense. If you’d like to discuss your situation or you need an experienced attorney to help you with your circumstances, contact David Lindsey to schedule a free consultation.

If you or someone you care about has been accused of date rape, you need to speak to an attorney. Guilty or not, your situation is serious.

Even if criminal charges are not filed against you or you are not convicted, being accused of date rape can ruin your life. Innocent people accused of things they did not do end up losing friends, dealing with professional issues, and experiencing problems with family members. If you believe someone is going to accuse you of date rape or already has, you need to contact an attorney who has experience dealing with sex crimes.

What is Date Rape?

Date rape occurs when sexual assault takes place within casual relationships that are not yet committed or domestically linked. The term date rape is also used when drugs are involved in sexual assault.

Date rape is not an official legal term. You cannot officially face charges of date rape. Instead, you’ll face charges of sexual assault. It is illegal to have sex with anyone who is unaware or unconscious or who did not consent to the activity. It is also illegal to have sex with someone conscious, but not capable of controlling their conduct.

Anyone convicted of sexual assault faces serious charges, including lengthy prison sentences. There is also a mandatory requirement to register as a sex offender. Additionally, the court might order fines, restitution, community service, or probation or parole.

These are just the “official” consequences. People accused of date rape face a variety of other long-term issues. If you have a professional license or work in an industry that views sexual assault allegations as a potential liability, you face career issues. People have lost their jobs after facing accusations of date rape.

Accusations of date rape also affect personal relationships. Many of these cases boil down to “he said – she said” cases. It’s your word against your accuser’s. This makes it difficult for friends to understand or trust the details of the situation and many choose to abandon the relationship. Others side with the accuser regardless of whether they are telling the truth.

What Happens If You are Falsely Accused of Date Rape?

Ideally, you’ll avoid situations that can lead to accusations of date rape.

Refrain from sexual activity when you or anyone else involved is under the influence of alcohol or drugs. Avoid spending time alone with intoxicated people or when intoxicated. Plan dates in public locations until you know the person well.

If you engage in sexual activity with someone, do whatever is necessary to prove consent beforehand. It might seem over-the-top or unromantic to build a paper trail before engaging in sexual activity, but it’s important to protect yourself.

Sadly, some people levy false allegations of sexual assault against people they know. This happens for many different reasons. False allegations grow out of misunderstandings, hard feelings, or regrets. Some false allegations are downright vindictive. Regardless of why you were falsely accused, you need to seek legal support quickly.

To convict you of sexual assault or date rape, the prosecutor needs to prove non-consensual sexual contact occurred between non-married people with or without fraud, force, or threat

Unfortunately, this sounds more difficult than it is. Much of the “proof” comes down to what the victim says. Right from the start, those accused of sexual assault are at a disadvantage. The importance of protecting anyone truly assaulted has taken precedence over the non-guilty facing accusations. Those falsely accused suffer because of that. False accusers make things more difficult for true victims. Society has been forced to adjust its approach to ensure true victims receive protection.

What Should You Do If Accused?

Date rape allegations are serious, but that doesn’t mean your life is over if you are accused.

Contacting a criminal defense attorney experienced in sex crimes means someone will examine the facts of the case and uncover details that could help your defense.

For more information or to schedule a consultation, contact David Lindsey.

Unemployment Insurance Fraud

Unemployment insurance, also called UI or just unemployment, is a program that helps out-of-work Americans. Over the last several months since the COVID-19 pandemic began, millions of Americans have filed for unemployment through their state programs. This has resulted in an uptick in accusations of unemployment insurance fraud.

Unemployment insurance programs across the country have undergone changes during this time. Changes vary from state to state. For example, some increased the amount paid to recipients. Others loosened the requirement to conduct a job search while utilizing benefits. You can find nformation about changes to Colorado’s unemployment benefits here.

During this time, many UI programs experienced overwhelm. There were many people in need of benefits who did not receive them. Others had to wait an extended time before receiving them. State officials link the problems to the massive increase in demand for benefits. Additionally, outdated computer systems and inadequate staff to process requests played a role.

There were also cases in which state officials claimed that unemployment insurance fraud was to blame for the inefficiencies and confusion. Fraudulent unemployment claims did increase during this time. But that doesn’t mean everyone accused of fraud intentionally did something wrong.

What Should You Know If Accused of Unemployment Insurance Fraud?

The majority of fraud claims are linked to false statements or misrepresentations of a case. The goal of fraud is to collect unemployment when they do not qualify for the benefit.

There are several ways in which this can occur, including:

• Not reporting employment: If you find a job while collecting unemployment, you are responsible for reporting the income from that job.
• Submitting false information or a false identity: You are responsible for providing true and accurate information to your state’s unemployment office. This includes your identity, as well as details about your work situation.
• Failing to meet job search requirements: In most states, you must be actively looking for employment to qualify for unemployment benefits. However, they waived this requirement during the COVID-19 pandemic. Most people were expected to return their previous jobs once businesses began reopening.

Employers can also face accusations of fraud. Most cases of unemployment insurance fraud committed by employers are related to misclassifying workers, not reporting wages, or providing false information about employees that disqualify them for unemployment benefits.

What are Your Defense Options When Accused of Unemployment Insurance Fraud?

Every case is different. It’s important to discuss your options with your criminal defense attorney and choose the beset defense for your case. The most commonly used defenses include a lack of criminal intent and a lack of evidence.

It’s impossible to commit unemployment fraud accidentally. Making a mistake when you apply for unemployment is not a crime. Although mistakes can lead to accusations of a crime. The prosecution will need to show that you intentionally tried to misrepresent yourself or conceal information. This requires proof. So even if you did intentionally try to get away with fraud, the prosecution must have evidence of your actions to win its case against you.

What Penalties Do You Face If Prosecuted for UI Fraud?

If you are found guilty of UI fraud, you could be subject to both criminal and civil penalties. Laws regarding penalties vary from state to state, but you should expect any of the following penalties if the prosecution proves its case against you:

• Requirement to repay the benefits you collected on unemployment
• Jail time that varies based on your circumstances and your state laws
• Probation time
• Fines in addition to repayment requirements

If you have been accused of unemployment insurance fraud in Colorado or you believe someone suspects you committed fraud by collecting unemployment benefits, you need to speak to an attorney. A conviction for UI fraud can lead to serious penalties and have a severe effect on your future. To speak to someone about your situation, contact David Lindsey at 303.228.2270.

Selling Fake Drugs

Selling illegal drugs or selling legal drugs without the proper authority to do so is illegal. But what if you sell something that is not really a drug or that is not the drug you claimed it to be?

Can selling fake drugs get you into legal trouble?

Yes. It’s a plain and simple answer. Selling fake drugs is illegal. If you make the mistake of selling something you claim is a drug to an undercover officer or it is determined in any other way that you sold fake drugs, you can get into legal trouble. The fact that you were not selling an illegal substance won’t be enough to get you out of trouble.

You Can Be Charged with Fraud for Selling Fake Drugs

Just because you aren’t selling an illegal drug doesn’t mean you aren’t guilty of a crime. Selling fake drugs is fraud. Taking money based on false pretenses is fraud and is a crime. A successful fraud conviction requires prosecutors to show you intentionally and materially made false statements that were material to a transaction. You wouldn’t have received money for the item unless you lied about what it was.

Of course, if you sell fake illegal drugs to a random person or someone tries to buy a legal pharmaceutical from you for illegal use, they’re unlikely to report you. After all, they intended to commit a crime.

But if you sell fake drugs to an undercover law enforcement officer or informant could result in an arrest based on suspicion of fraud. In some cases, the act of trying to sell an illegal substance is also a crime. You could be looking at multiple criminal charges. The mere act of claiming you are selling something illegal, even if you are not, is a crime.

What about Legal Drugs?

The sale of legal prescription drugs is illegal when the person buying the drug does not have a prescription. The seller is also responsible if the buyer has no prescription. And if you claim a product is a legal prescription drug and it is not, you are committing a federal crime. The federal government regulates prescription drugs. Federal law prohibits the sale of counterfeit drugs, but the sale must involve interstate commerce. However, there are also state laws against the sale of counterfeit drugs, so you could still have a problem on your hands even if you did not travel out of state for the sale.

Furthermore, if you’ve conducted transactions online involving counterfeit drugs, you could face multiple serious charges for fraud and other crimes. All online drug sales are interstate commerce. This makes it a federal crime to sell counterfeit drugs.

For a more in-depth look at laws related to drugs and internet commerce, check out this information on the regulation of online pharmacies from Columbia University.

To learn more about drug sales in general, check out this information on pharmaceutical laws from HG Legal Resources.

What are My Defense Options If I’m Charged with Selling Fake Drugs?

You might have several options for defending against a fake drug sales charge. You and your attorney should discuss these options and determine how to proceed based on your situation.

Some of your options might include:

• If you had no intention of misleading anyone so there is no fraud. This doesn’t mean you’ll avoid penalties altogether, but the outcome might not be as severe because the prosecution will not be able to prove fraud. Fraud requires intent.
• If you did not know the substance in your possession wasn’t a drug, you can claim a lack of knowledge. This would be the case if someone sold you a product claiming it was a particular drug and you sold it based on this information and did not know you were a victim of fraud. Again, you could still face a penalty, but the fraud charges could be dropped under these circumstances.

Contact a Drugs Crimes Attorney

If you have been accused of selling fake drugs or you are facing drug charges of any kind, you need an attorney. Selling drugs, real or counterfeit, is a serious offense and you could face serious penalties including fines and prison time. You need a drug crimes legal expert to help you build your defense.

For more information or to speak to someone about your situation, contact David Lindsey.

Contradictory Verdict

The Colorado Supreme Court recently upheld what appeared to be a contradictory verdict. The court split 6-1 in favor of the defendant Michael W. Struckmeyer’s convictions.

Struckmeyer was found guilty of two counts of child abuse after a child under his care suffered a traumatic brain injury. According to at least one medical expert witness, the child’s injuries were consistent with physical abuse, as opposed to accidental harm.

According to David Lindsey, the court’s ruling was “one of those decisions like they throw at you in the very first week of law school to try and train your brain not like how a normal person would think, but how a lawyer would think.”

Struckmeyer appealed the original convictions on the basis that the two were logically inconsistent with one another.

According to his defense, the first count of reckless abuse was inconsistent with the second charge of criminal negligence. His defense argued that he could not be criminally negligent. It would indicate a lack of awareness and, simultaneously, an awareness of the risk of bodily injury.

Court Cites Recent Case as Basis for Decision

The initial appeal was successful. The Colorado Court of Appeals reversed Struckmeyer’s conviction in 2018 and ordered a new trial. The court agreed with the claim that if an element of a crime negating an element of another crime creates a contradiction. A guilty verdict would be inappropriate in one or the other instance.

According to the court, which cited the very recent case of the People v. Rigsby, Struckmeyer could not be guilty of both charges against him because it would require him to be simultaneously aware and unaware.

The Colorado Supreme Court disagreed with the appellate court and found no legal inconsistency in the decision.

According to Justice Carlos A. Samour, Jr., acting with criminal negligence was not mutually exclusive. It spoke to the defendant’s culpable mental state. It’s possible someone could act solely with criminal negligence, but not knowingly or with intent. To act knowingly indicates awareness or intent.

Justice Samour wrote, “even if Struckmeyer’s convictions were logically inconsistent, they were legally consistent because the defendant’s reckless act necessarily included an element of criminal negligence.”

Justice Richard L. Gabriel, the one dissenting justice, stated that he would order a new trial for Struckmeyer. He based his intention on the legal and logical inconsistency of the verdicts.

Ruling Provides Flexibility for Prosecution

David believes the Supreme Court decision was correct based on legal principle. However, if someone were to receive a sentence for each crime, there would be a problem. The Sixth Amendment prevents more than one sentence for the same criminal offense. In these cases, the defendant receives a sentence for the more serious of the charges.

David also notes that the ruling allows the prosecution to pursue both intentional and negligent charges, giving them a lot of room to shift around as evidence comes to light, which is detrimental to the defense.

David shared his thoughts on this case with Colorado Politics.

If you have questions about this particular case or you’d like to speak to David about charges you are facing, contact him at 303.228.2270.

Punishment for Human Trafficking Crimes

The problem with modern human trafficking in the United States and around the globe has reached an epidemic level and in response, lawmakers continue to update and enact new laws to combat the issue.

Recently, President Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law targets online sex traffickers and makes it possible for prosecutors and victims to file a lawsuit against websites that facilitate criminal activity.

Prior to the law, websites fell under the protection of the Communications Decency Act which protected website owners from any liability involving content posted by users. Critics argued the law is a violation of free speech, but advocates hope it limits the damage that can be done by online traffickers.

FOSTA shut down several sex-oriented sections of different websites and in some cases, shut down entire sites like Backpage.com, which had been accused of facilitating prostitution. Craigslist, one of the internet’s most popular online forums, shut down its missed connections, dating, and personals sections.

To read more about FOSTA, check out this article from The Washington Post.

What Does This Mean for You?

If you own a website that is used for soliciting sex you could be held personally responsible for the actions of users, even if the site was not originally intended for this use. Furthermore, as a customer of a site that is breaking the law, you are at risk.

As a site owner, it’s your responsibility to determine how people are using your site. If you suspect there’s a problem you should speak to an attorney and look for ways to bring your site to within the letter of the law. No matter what type of site you run, if it can be linked to human trafficking you could face criminal charges.

Law enforcement will be evaluating sites more carefully than ever that are linked to the sex industry, so it’s important that, as a site owner, you do all you can to ensure your site falls within proper legal parameters.

What If You Don’t Own a webSite?

Your risk is slightly less if you aren’t a site owner, but any affiliation with a website linked to human trafficking can get you into trouble.

This means that employees and customers of general pornography sites could be put under a microscope. Chances are there won’t be a problem unless you’re breaking the law or you are aware of laws being broken, but it’s still important to be very careful.

If you suspect anything unusual or anything about the activity on a site makes you uncomfortable, it’s better to be safe than sorry – especially if you work for a company that runs the site in question.

Keep in mind, punishments will be harsh if you are connected in any way to human trafficking and until the problem is brought under control, you can expect the trend of aggressive crime fighting to continue.

If you are concerned about a potential link to human trafficking or you have questions about FOSTA, we can help. Contact David Lindsey to schedule a consultation.

Unfortunately, there are times when this pressure leads to innocent people being accused of crimes they did not commit, and in some cases, even inadvertently admitting to those crimes just to end the interrogation. If you are being questioned by law enforcement about a crime, the absolute best way you can protect your rights is to contact an attorney. Whether you are innocent or not, you need a lawyer who understands how to handle the situation.

Law Enforcement is Trained to Get a Confession

Law enforcement officials are trained to communicate with those involved in a crime. This includes witnesses, criminals, and anyone else that can help them resolve the matter. Some of the methods law enforcement uses, though legal, can result in injustice. They might refer to evidence that does not exist or use other methods that are considered coercive to get a confession.

There is no denying law enforcement can be intimidating, and when you are locked in a room with police officers or detectives, feeling frightened and hopeless, you will say and do whatever you can to end the situation. Law enforcement uses this vulnerability in their favor and in some cases, it results in false confessions. Unfortunately, once you admit to a crime you didn’t commit, the facts matter much less and you have put yourself in a very difficult situation.

The important thing to remember if you are questioned by law enforcement or accused of committing a crime is that your innocence is not enough to protect you. Just because you did not commit the crime does not mean you will not be sent to jail for it – just ask anyone falsely convicted serving time in jail right now. Many people are in prison because they broke the law, but there are also those in there who were pressured into admitting guilt out of fear or coercion.

Call an Attorney First

The only way to ensure you have the best protection possible is to have a lawyer present when you speak to law enforcement. Whether you have been accused of a crime or told law enforcement is simply “gathering information,” protecting your rights and maintaining control in the situation is essential. An experienced attorney provides counsel, so you can answer questions and assist law enforcement without incriminating yourself.

Have you been asked to speak to law enforcement or do you believe you are about to be accused of a crime? Our goal is to support you in any way we can. Before you follow up with law enforcement, contact David Lindsey to schedule a free consultation and to discuss your case.

Anyone who has seen a television drama based on law enforcement and judicial proceedings knows how intense things can get “in the interrogation room.” In many ways, these situations are not an exaggeration. Law enforcement officials will take whatever legal means necessary to extract a confession from a suspect. Their job is to solve a crime and to do it as efficiently as possible.

Unfortunately, this has resulted in innocent people admitting to crimes they did not commit. If you have been arrested or you are being questioned about a crime, you need the counsel of an experienced attorney before speaking to law enforcement. Even if you are innocent, legal representation protects you from saying anything that can be used against you in the future.

The Reid Technique

Like any profession, law enforcement officials learn specific skills pertaining to their field of work. This includes training that helps them communicate with criminals, witnesses, and anyone else who can provide information regarding illegal activity. A portion of this training pertains to interrogations. One of the most popular methods of interrogation is the Reid Technique. Though the Reid Technique has helped many law enforcement officials solve crimes and extract confessions from criminals, it might also result in false confessions and the conviction of innocent people. An increasing amount of research has shown Reid-style techniques potentially increase the likelihood of a false confession.

The Reid Technique of interrogation begins with an interview that is similar in style to polygraph questioning. If the suspect is believed to be lying, the Reid-style interview proceeds to the second phase. At this point, the interrogator states an accusation and presents evidence, which in most cases is a bluff. When the suspect denies the accusations, the interrogator ignores the pleas of denial and continues with accusations based on non-existent evidence. Experts studying the Reid Technique believe it to be “inherently coercive” because the suspect feels hopeless and wants to end the interrogation.

Reviews of Reid-style interrogations have also shown instances in which interrogators fed incriminating details to suspects. Unfortunately, when the goal of an interrogation is to extract a confession, as opposed to a focus on information gathering, things get dicey.

What This Means for You

Far too many people assume their innocence will protect them if they are accused of a crime. This feeling is demonstrated in popular clichés, such as “the truth will prevail.” Sadly, that is not always the case and there is an unknown number of innocent people in prison that prove it false.

No matter what your circumstances, you must have a lawyer present when you are speaking to law enforcement. Whether you have been accused of a crime or the situation is presented to you as one for information gathering, it is essential you protect your rights and your freedom. An experienced attorney offers counsel that allows you to answer questions and assist law enforcement in solving a crime without incriminating yourself.

Do you have legal questions? Have you been asked to speak to law enforcement about a situation that involves the law? We will support you and ensure your rights are protected. Before you do anything else, contact David Lindsey, Denver criminal law attorney.

A recently published study in the Journal of Neuroscience may affect the witness cross-examination by criminal defense teams at trial; it calls into question the validity of witness recall, citing research that demonstrates the way brain networks alter the way an event is remembered.

Denver Criminal Law Attorney

The Northwestern University Feinberg School of Medicine conducted the study, in which subjects were asked to recall the location of objects on a grid over the course of three consecutive days. A series of tests given about the objects showed a clear pattern: if a mistake was made in object location on the second day of the test, the subjects tended to remember the incorrect placement when tested again. In other words, memory reinforced the mistake.

These findings have clear implications with regard to the reliability of witness testimony in criminal proceedings, since memories can be distorted over time. Criminal defense attorney should take note of this in preparing witness cross-examinations.

“Your memory of an event can grow less precise even to the point of being totally false with each retrieval”, according to Donna Bridge, a postdoctoral fellow who worked on the study. “Maybe a witness remembers something fairly accurately the first time because his memories aren’t that distorted. After that it keeps going downhill.”

The study also measured “neural signals”, or the electrical activity in the brain; stronger signals were measured during incorrect recall, which “seems to indicate that a new memory was being laid down,” Bridge said, “and the new memory caused a bias to the same mistake again.”

Northwestern psychology professor Ken Paller oversaw the study, and noted that “the study shows how memories normally change over time, sometimes becoming distorted. When you think back to an event that happened to you a long time ago – say your first day at school – you actually may be recalling information you retrieved about that event at some later time, not the original event.”