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Question regarding computer getting seized...
California
Viewed 71 times.
Posted 3 months ago in Criminal Defense
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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.
Answers (4)Jennifer Diem-Trang Le
This attorney is licensed in California.
Posted 3 months ago.
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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.
Pamela Koslyn
This attorney is licensed in California.
Posted 3 months ago.
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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. Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 3 months ago.
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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.
Robert Lee Marshall
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