Question regarding computer getting seized...

For identity theft and such, if they find out that the user watches porn frequently and goes on porn sites/fetish sites, yet is over 18, can any of that be used against the person who was charged? Thanks in advance.
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Answers (4)

Jennifer Diem-Trang Le

Jennifer Diem-Trang Le

Contributor Level 3
I am assuming that the person charged is being charged with some type of fraud charge. Generally speaking, that will not be used against you if say, this proceeded to trial, because it is not necessarily relevant to prove the charge of fraud against the person. It is difficult to predict how this may come out in trial, but your attorney would be able to bring motions before trial started to exclude that from being introduced.
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
It's unclear what's included in charges for "identity theft and such," but unless the porn involved something itself illegal that could lead to additional charges against you, such as porn involving minors, then it presumably wouldn't have anything to do with the "indentity theft and such" and could be excluded from admissible evidence at trial.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
I agree with the assessments of both of my colleagues. Unless the porn was itself somehow related to illegal activity in it's own right (such as child porn); or, was related to the identity theft charges, it would generally be considered irrelevant to the identity theft charges. Discuss this with your defense lawyer. Good luck.

Disclaimer
This information is offered for informational purposes only, as I am not admitted to practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
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Robert Lee Marshall

Robert Lee Marshall Avvo Pro

Contributor Level 7
The cops already have your porn; why are you posting about your case on a public Internet site where the cops and prosecutor can see it?

Are you the same person who posted about a seized computer an hour earlier, saying you had been arrested for two felonies, including seducing a minor? If you are, it would probably change my colleagues' answers... and it would be one more reason you should be talking to your lawyer instead of posting on a public site like Avvo, where anybody can read it, including the police or prosecution.

People who do embarrassing stuff on the Internet often take measures to cover their tracks, but it's very difficult to elude detection by some law enforcement resources. Since you already got your computer seized, complete with your porn and fetish stuff, you should already realize that your computer activities can get unwanted attention.

Albert Einstein said insanity is doing the same thing over and over again, expecting different results. Learn from your experience and stop posting about your case on the Internet. You should only discuss this case in private with an attorney.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
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