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Fourth of July 2014 DUI Patrols

** If you are looking for DUI Checkpoint Do’s and Don’ts, Click Here.

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Summertime is one of the best times to enjoy the outdoors with family and friends. and more specifically, the Fourth of July is a time when people in Arizona head to the lake for some fun in the sun! With that comes increased risk of drinking and driving (or boating). Local law enforcement in Arizona is out looking to arrest people for DUI if they have consumed too much alcohol and think they are OK to drive a car or boat. Our suggestion is if you’ve had any alcohol, please get a ride. If you are out on the lake boating, make sure you have a designated driver because law enforcement may be conducting sobriety checkpoints (and looking for life jackets for every passenger!!) on the lakes in Arizona (Bartlett Lake, Lake Pleasant, Roosevelt Lake, Apache Lake, Canyon Lake, Lake Havasu, Colorado River, and Saguaro Lake).

If you find yourself at one of these sobriety checkpoints and are not sure what your BAC level is, read our DUI do’s and don’ts HERE.  That page will provide you with all the knowledge necessary about what to do if stopped by law enforcement after you have been drinking. For example, don’t take the eye test or any coordination tests.  You are not required to do these and if the officer is asking you to do any test, chances are he/she is going to arrest you anyway.  The test results just help the prosecutors case.

If you found this page after being suspected or arrested for DUI on the Fourth of July 2014 weekend, we have a number of resources relating to DUI and OUI (Boating DUI) in Arizona.

The most important thing you MUST do is ask to speak with an attorney BEFORE agreeing to any test (breath, blood, etc.).   Put our phone number (602-307-0808) in your cell phone now and call us before speaking to police.

The Dangers of File Sharing and Peer to Peer Networks

File sharing has been a big part of the counter-culture of legal and illegal music and movie downloads in the United States. Many file sharing programs that allowed the free flow of copyrighted files like Limewire, Napster, Bearshare, Frostwire, and the like have long been shut down by the U.S. Government (or switched their business models), but new software springs up all the time. For example, as soon as Limewire was shut down, Frostwire came out and today the most prevelant Peer to Peer software of today is bit Torrent. The cycle keeps repeating as bit torrent sites like The Pirate Bay, Demonoid, and others have faced government seizures of their physical servers located in other countries. The government may not be able to completely shut down all of the file-sharing software as it continues to morph into different models that make it undetectable. Many people praise these programs as means to download and own files for free that they would otherwise have to pay for, but what these people don’t realize is the inherent danger of downloading files from anonymous sources and sharing the same files out to strangers: namely, child pornography.

Helpful Link > Click the following links to view our Child Pornography Case Victories and view all of our Arizona Sex Crime Victories.

Here is a graphic showing the old way file sharing networks worked by each user connecting through a centralized server which is how the government was able to stop them, by legally choking off the central server:

(Images Courtesy of Vuze.com)

File Sharing Networks

And here is a graphic showing bit Torrent Peer to Peer networks where the user downloads and opens a torrent file which then connects the user to the peers who are seeding the files:

Peer to Peer Networks

One of the most important issues among the file sharing community in recent years has been the prosecutions relating to the possession and distribution of child pornography. Many of the defendants in these cases said that they were not even aware of the images that were stored on their computers. Images of child porn can be downloaded to your computer through a series of Trojan horses or by blindly downloading an entire directory that is shared with you through one of these peer to peer services. One common method of sharing child porn is the intentional mislabeling of filenames. For example, you may download a video named “Die Hard” thinking that you are getting a movie about Bruce Willis. Upon download, you might open the file and instead of finding a movie you find that it is actually hundreds or thousands of images of child pornography. Images of child porn are sometimes inserted into otherwise normal video files and may even go unnoticed by the person downloading the file. This example proves that you cannot be sure what is actually contained in the files you are downloading, which increases the risk of using any peer to peer file sharing software or methods. Remember, there is no file certification process since most of these files (movies, ebooks, software, etc) are being downloaded and shared illegally.

The most common way people are convicted of possession of child pornography, is by their permanent storage on your hard drive even after deleting it in several locations. With file sharing programs, the downloaded files go automatically into two folders: “Saved” and “Shared”. A third folder is created for “Incomplete or Temp Files” that a lot of people are unaware of. Files are labeled incomplete when they are deleted halfway through. You may not even be able to open these files, but the government can, and will attempt to prosecute and convict you for the possession of illegal images of children regardless of the folder they reside in.

The second charge of distribution of child pornography comes when you allow the program to share your files with other users. You may be doing this unknowingly as most file-sharing programs select this sharing option as a default setting. Even if you are unaware that the files you are sharing contain child porn, this act of sharing constitutes distribution.

So how does law enforcement track the child porn files? The government tracks files and images of child porn by looking at hash values. A hash value is the number of pixels a file contains. The government and law enforcement often knows the hash value of popular or commonly-shared child porn images. Any time that file is shared or downloaded; the government is alerted to the IP address of the user. They thereby obtain a search warrant and go about finding said files on your computer, upon which they arrest the user.

There are conspiracy theories out there that the government uses images of child porn to set people up for conviction. People use this to explain the surge of conviction among political rivals and other important people in society. This ruins their reputation and labels them a sex offender for the rest of their lives. Though this rumor does not have much traction, it is wise to avoid the possibility altogether by abstaining from P2P file sharing sites.

Here is a video David Michael Cantor made when Limewire was in the news in Oct 2010:

Here is another video where David Michael Cantor explains the dangers of file sharing:

Every state in the US has laws regarding the possession and distribution of child pornography. For example, here in Arizona the law is A.R.S §13-3553 “Sexual Exploitation of a Minor” (i.e. “Child Pornography”) and it is a class two (2) felony.  In Arizona, the minimum prison term is 10 years per image, if convicted. If you are facing child pornography charges, it’s a good idea to find yourself a defense attorney who has experience with these types of cases and also works with a good computer forensics expert.

If you have legal questions about Sexual Exploitation of a Minor and Child Pornography possession and distribution, please give our office a call at (602) 307-0808. If you are in the pre-charge phase or have already been charged, please call us for a free case review. The free consultation will last about 30 minutes and one of our defense attorneys will give you their professional opinion with your case.

Waste Management Phoenix Open 2014

The Waste Management Phoenix Open 2014 has officially started and is in full swing!

If you are planning on going to the Waste Management Open 2014 and drinking there, make sure you take a cab there and a cab home.  There is a new driving service App called UBER, which will pick you up close to the venue so you do not have to wait in the infamous Waste Management cab line.  UBER cabs arrive very quickly so plan accordingly when ordering a car.

If you do not take a cab or UBER and still decide to have a few drinks then drive, there are a few things you should know in case you get pulled over and questioned for DUI.  No matter what question the police officer asks you, you need to reply the same way as if you are being questioned for murder or robbery.  The answer is “Officer I am not going to answer any questions or do any tests until I talk to my lawyer”.  By saying that you did not lie to the officer nor did you confess, you simply said “let me talk to my lawyer”.  In trial the officer cannot comment on your right to remain silent so the jury can only consider the evidence before them; which would be very minimal.

Put our 24/7 phone number, 602 307-0808, in your phone right now under “lawyer” just in case you get questioned for DUI or any other crime and call us.  Set up a Free Initial Consultation Here and we would love to meet with you and help you out.

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