In response to a congressional inquiry, mobile phone companies have been forced to disclose just how many times they’ve handed over users’ cellphone data to the FBI and other law enforcement agencies. It has been estimated that cellphone companies responded to 1.3 million demands for subscribers’ information last year from law enforcement. Many of the records, such as location data, don’t require search warrants or much court oversight. Both police and cell service providers had long resisted releasing details on the scope of cellphone surveillance.

In practice, your rights to protect snooping on your computer are similar to your rights in real life. Still, knowing what, when, and how others can snoop on what you’re doing is important so you can protect your information the right way. There are a few steps you can take to limit access to others.

• Log off your email. If you check your email on a public computer, it is important to log off your online account. It will limit any snoopers that come to the portal after you.
• If you are using an employer’s computer then your employer has the right to monitor what you’re doing with it. Some employers will monitor all of your conversations on your computer, including installing a keylogger on your computer. In general, your rights don’t extend too far if you’re on an employer’s computer.

• Your personal computer is protected from police searches in the exact same way as your house and body. Police cannot search your computer without a warrant specifically stating that the computer is part of the search.

• Most web services snoop on your data and, in some instances, hand it over to authorities upon request. This means that when you sign a Terms of Service you are often giving a web service access to everything you are doing on their site. In turn, the government may file a subpoena with a web service to take a look at your files,

• Public and private posts on social networks may be used against you. If you’re doing something illegal you should not post about it in a public forum because the police may very well find it with just a little snooping.

If you believe your actions are being monitored by the government, it is important to immediately stop all activity and speak with an experienced criminal defense attorney that can protect your rights. If you would like to speak with attorneys Roger Laguna or Laura Reyes Maloney about the particulars of your case, we invite you to contact our firm and schedule a free initial consultation. We provide a free initial consultation. Contact our office by e-mail or call us at 717-233-5292 for an appointment.

An Overview of Pennsylvania’s Mandatory Minimum Sentencing Guidelines

Like other states, Pennsylvania has implemented mandatory minimum sentencing guidelines for a wide range of criminal offenses. When in place, these measures set a floor for the fines or jail time assessed for specific crimes. A judge may not impose a penalty of less than that set forth in the statutes, regardless of age, prior criminal record or other circumstances. Technically, the judge can reject a minimum sentence as unfair, but in practice it rarely, if ever, happens. The only party with any discretion to reduce potential sanctions is the district attorney, who can opt not to ask for adherence to minimum sentencing requirements.

Though Pennsylvania enforces the death penalty, the minimum sentencing guidelines never mandate that punishment. However, for many crimes of violence, the minimum penalty is either life imprisonment or the death penalty, at the discretion of the judge.

Some of the more notable minimum sentencing requirements include:

• Two or Three Strikes — for violations that qualify under the state laws, the penalty for conviction of a second offense is a minimum of 10 years. For a third offense, the judge has the discretion to order life imprisonment or a minimum of 25 years
• Drug crimes — Drug crimes in drug free school zones have minimum penalties of two to four years. Drug offenses committed with firearms require life imprisonment.
• Sex crimes — Sex offenses generally carry a minimum sentence of five years or more. Rape carries a minimum 10 year sentence and repeat convictions for a Megan’s Law offense require 25 years or life imprisonment. Failure to register as a sex offender can lead to two to seven years mandatory, based on the level of the sexual offense.

Contact the Law Firm of Laguna Reyes Maloney, LLP

At the Law Firm of Laguna Reyes Maloney, LLP, we have more than 30 years of practice experience. Contact us online or call us at 717-233-5292 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request.

If you have knowledge that you are under active investigation by the law enforcement community then you have certain inalienable rights afforded to you by the constitution, state, and local laws. You have the rights to leave any interview, have a lawyer present, to remain silent, and to have certain privacies.

No matter if a crime has been committed or not, if a law enforcement agency has a search or arrest warrant you must comply to avoid any charges. A signed and valid warrant gives the officer the right to arrest or search as specifically detailed in the document.

If the government agency cannot produce a valid warrant then you should not give verbal or written permission to any agent to search your person or property under any circumstances. For if the officer or agency does not have sufficient evidence to search then the only way they can search if with your permission. A “search” is not to be confused with a protective “pat down” for weapons that law enforcement officers are allowed under federal rulings.

In the event of any investigation, warrant, or arrest, your first step will be to contact a lawyer to ensure you are properly protected and represented and not to speak to anyone unless directed by your hired counsel.
Contact Laguna Reyes Maloney, LLP
If you would like more information on our specific practice areas within criminal defense or would like to speak with attorneys Roger Laguna or Laura Reyes Maloney about the particulars of your case, we invite you to contact our firm and schedule a free initial consultation. We provide a free initial consultation. Contact our office by e-mail or call us at 717-233-5292 for an appointment.

Three strikes laws are statutes enacted by state governments which mandate state courts to impose harsher sentences on habitual offenders who are convicted of three or more serious criminal offenses. Twenty-four states have some form of habitual offender law. Pennsylvania enacted a three strikes law in 1995.

Three strikes laws in Pennsylvania mandate courts to impose harsher sentences on habitual offenders who are convicted of three (3) or more serious criminal offenses. Depending on the seriousness of the current and the prior crimes committed by the offender, the sentence can range from a minimum of 25 years to a maximum of life imprisonment. Pennsylvania’s three strikes rule is set forth in 42 Pa.C.S. § 9714.

If you would like to take advantage of our experience, knowledge, and creative approach to criminal defense, contact Laguna Reyes Maloney, LLP today and schedule a free initial consultation. We provide a free initial consultation. Contact our office by e-mail or call us at 717-233-5292 for an appointment.