What I Can Teach You About Experts

The Relevance of Economic Study Data

Any entrepreneur knows that they need economic data to survive in the highly competitive market full of many sellers and buyers. The only way that you can get yourself informed on the current market operations is through some vital economic data since you will be aware of how your entry into the new market will be as well as your continued operation. Markets highly rely on different economic forces that operate autonomously from any direct influence. Every one of the players in the market have a part in molding the way the market works. If you deliberately take a gander at how the market works, you will find that financial investigation experts are key in displaying key information on these patterns. They display information that is fit for giving business sector players essential bits of knowledge on the manner the market works with the end goal that they make a decent passage over a decent arrangement in light of the sort of information that they introduce. This is the only way that they can get professional information from experts that is going to assist them in budgeting and planning. The biggest worry that most business individuals have is where to get such data in its most reliable format. If you get deluding data, you will perform industry planning applying poor information that will introduce an awful impact on your business model.

In a considerable measure of countries, financial information is the obligation of the present government among their monetary approaches which they utilize experts to complete the applicable examinations on various markets and present their discoveries in justifiable information for open utilize. Anybody that is keen on utilizing this information can go to the web locales and take what they require. Moreover, you can likewise outsource financial examination administrations if you require some extraordinary administrations that will be completely committed towards your wants. The only prerequisite before procuring such service is to ascertain that you get in touch with experts rather than amateurs that are going to put your planning in jeopardy. The main way that you can discover that they are capable is by setting off to their sites and confirming their experience through their past works. After you have checked their polished methodology, you can simply go ahead and obtain their administrations and get the financial examination that you require which is as indicated by your market.

Proficient monetary examination information is imperative for any business that desires to begin working in another market and also know how to adjust after some time and make huge income. This is the primary aim of any firm.

Learning The Secrets About Tips

What Research About Experts Can Teach You

Understanding the Penalties for Youth Crime – Young Offenders

A juvenile or youth between the ages of 12 and (under) 18 who commits a criminal offence in Ontario will be prosecuted under the Youth Criminal Justice Act of Canada (YCJA), which came into effect on April 21, 2003, replacing the Young Offender’s Act. They will be tried in juvenile court.

Children under the age of 12 generally do not receive convictions for crimes, while in other circumstances, minors between the ages of 14 and 18 can be tried in adult court under the Criminal Code of Canada for especially heinous crimes, usually violence-related.

Contrary to the popular opinion expressed by many young people, a criminal record from youth court is not automatically erased once the young person turns 18. In fact, the young person must wait between 2 and 7 years from the time their youth sentence expires, and he or she must remain out of trouble during this time, in order for their youth court record to be erased. Actually, the record is not erased, but the language used in the Youth Criminal Justice Act speaks of “access” to records. Thus, there is no longer “access” to a young person’s youth court record only once the relevant time period has passed and the young person has remained “crime free”. So, a criminal conviction in youth court can have serious consequences for a young person who seeks to learn from his or her mistakes and become a productive member of society.

A young person who comes from an unfortunate background may, due to upheaval at home, find himself or herself in youth court, and in serious need of help in the way of counseling and guidance. In this way, the young person’s criminal activity may be a call for help.

The Youth Criminal Justice Act is intended to correct criminal tendencies through rehabilitation, rather than penalize behaviour, unless it is judged to be necessary. It is up to the courts to find a balance between the interests of the youth and the interests of the public in each case. Before a conviction, it is unlikely a child will be retained in detention, unless they were deemed to be a risk to the public.

If your child has been accused of a crime, it can be a frightening and difficult time for the entire family. If they are actually convicted of the crime, it can disrupt the formative years of life and adapt them to a life of crime.

The prosecution will seek to enforce a sentence that they feel will cause the teen to take responsibility for his actions, but this can be quite subjective. Your teen may have been in the wrong place at the wrong time, falsely accused because of a misunderstanding or had other intentions than what resulted. It’s also possible that your child made a youthful mistake that would not be repeated if given another chance.

Penalties for Youth Crimes in Ontario

Although normally not as severe as adult convictions, penalties can still be significant for youth crimes, including juvenile detention, heavy fines, and required counseling. Your child’s education may also be affected if they have been ordered to find an alternative school or have been expelled. Convicted juveniles also often encounter problems travelling abroad, renting property, getting a driver’s licence, obtaining credit, and finding gainful employment.

In many circumstances a skilled legal defence lawyer can negotiate an alternative to incarceration, or will seek to have the charges dismissed or withdrawn altogether, and save the young adult from a criminal record. This becomes more difficult for repeated offences, if it begins to appear to the courts that the youth’s history displays a lack of interest in avoiding a life of crime.

Criminal Defence Lawyers Representing Youth Crime Offenders

It is in your child’s best interest to consult with a professional, qualified legal advisor.

If your child is facing Youth Crime charges, they are depending on your support – to give them the best possible chance of a future. Get in touch with a criminal defence lawyer immediately so you can plan a strategy that will seek to protect your child’s rights, and an unhealthy impact on their future.

Contact The Criminal Law Team Toronto for a free consultation.

As dedicated, honest and caring criminal lawyers, we bring you over 60 years of experience and an excellent record of success to help defend your criminal charge.

Our mission is to clear your name with no record and no jail time. You are not alone – we will help and support you for a second chance at life.

Police Increased Crime – 12 Ways

Do you remember when neighbors knew every child on the block and they called parents if they misbehaved? At that time, neighbors knew how important it was to correct children before destructive behavior got out of control.

As a crime and violence prevention consultant for 36 years, I saw a gradual change as citizens became dependent on the police to control neighborhood issues including loud music, young vandals and bullies on the block. Neighbors no longer knew each other.

In some neighborhoods, disconnected youth spread fear and intimidation as they vandalize property, burglarize homes and become increasingly violent. Youth without direction, intervention and correction formed gangs. Today, in the U.S., there are over 770,000 gang members roaming our streets. For protection, citizens purchased burglar alarms, guard dogs, guns or moved into gated communities.

When “Neighborhood Watch” began, police held community meetings to educate the public to be the “eyes and ears for the police.” They presented local statistics and encouraged residents to secure their homes with deadbolt locks, motion sensor lights or install a security system. They wanted the public to report crime but the most important factor was minimized, neighbors knowing each other, building trust and solving minor problems.

Over the years, Americans lost a healthy balance between police and citizen responsibility for keeping neighborhoods safe. As citizens backed off, police increased their visibility and relied on technology to control behavior with limited success. Here are 12 ways police increased crime.

Police presented unrealistic expectations. National average approx 2.5 officers per 1000 residents. Police cannot keep your neighborhood safe.
Police became crime prevention “experts.” Citizens became passive “watchers.” Police and citizens lost a healthy balance of cooperation.
Police created dependency by assuming too much responsibility for minor problems including barking dogs, loud music, young vandals and bullies.
Police, in some areas, instill fear with local crime statistics. Citizens bought security systems or arm themselves fearing their neighbors.
Police increased anger. They received grants and staff support to “fix” neighborhoods. Neighbors backed off. When the money ran out, problems increased.
Police assume too much responsibility. Citizens blamed them for not doing their job. Result in some areas…hostility toward police, less cooperation and reporting.
Police increased neighborhood isolation. They held meetings and provided home security info. Neighbors arrived as strangers and left as strangers.
Police received community-policing grants. Citizens depend on police who didn’t live in the area. Policy shifts, officer leaves and crime, goes up.
Police, not parents or adults in the neighborhoods, became the symbol of authority and correction for youth.
Police assumed responsibility without understanding the benefits of neighbors solving problems and becoming role models for youth.
Police don’t say… it’s your responsibility to keep your neighborhood safe. Police react to crime, citizens prevent crime.
Police have many limitations. Residents must take back neighborhood safety if they want to keep children safe.
Americans can restore a healthy balance between police and citizen’s responsibilities for safety. However, neighbors must be involved to help control criminal behavior and correct youth BEFORE they get involved in gangs, drug abuse and violence. Youth safety requires citizen participation, respect and cooperation from neighbors.

The world is a dangerous place to live, not because of the people who are evil, but because of the people who don’t do anything about it. Albert Einstein

Mann is a crime and violence prevention consultant (36 year) and the author of 4 national crime prevention books. She promotes neighborhood TEAMWORK in her new 10-Step book, The Adopt-A-Block Guidebook.

5 Tips for Writing Authentic Crime and Legal Fiction

Writing about a highly technical topic, like crime or law, can be intimidating. In the world of criminal law, there are innumerable rules, practices and procedures. Criminal lawyers speak their own language. To write a good crime or legal story, a writer needs to have credibility.

Credibility comes from working within the rules of criminal law and speaking the criminal law language. But you don’t have to be a cop or lawyer to write about crime or criminal law with authenticity. Here are some tips to get started:

1. Brainstorm: As in any genre, a good story with interesting characters and plot twists must be the starting point. Physically write out brainstorming ideas without regard to order, quality or completeness. Just start writing, and let the ideas flow.

2. Get Inspired: Inspiration often comes from outside sources, often unexpectedly. Read great books, and watch great movies, especially crime and legal drama. Read about crime in the news. Follow interesting trials. Watch true crime stories on television and read true crime books. You never know when some small tidbit will spark a story in you.

3. Outline: Everyone has their own methods of and opinions about outlining. Whether organized by chapter, act, scene, character or plot point, outlining is a critical tool to organize a story. The more complex the story, the more important an outline can be. Outlining can be especially important in a crime novel or legal drama because your story needs to fit within the rules of the criminal law world.

For example, if you want to have a piece of exculpatory evidence discovered at the end of act two, you will have to know what stage of the legal proceedings the case is in to help determine how the evidence could realistically come to light.

4. Educate Yourself: Read up about real criminal law on the internet and in books. Look for information specifically targeted to the non-lawyer. Watch real trials when they are televised. Watch true crime shows. Although they often cut out a lot of detail, especially the procedural stuff, they usually get things right. Read news stories and true crime books. The same warning goes for these sources: they are usually accurate but often leave out details you might want to know.

Do not rely on talking head lawyer commentators on television. They usually speak off the tops of their heads and often get things wrong. They also often have an agenda that they are pushing and speak of things from that point-of-view. Finally, do not rely on other criminal law fiction. Crime fiction in television, movies and books are often completely, eye-rollingly off the mark.

5. Consult an Expert: When in doubt, ask a question. As you brainstorm, outline and draft, keep notes of questions that come up. Consulting an expert, usually a criminal lawyer, can be costly, so try to know what you want guidance on before you contact someone. Also, be sure to speak to someone who is able to explain things simply and clearly, and who is willing to admit when they do not know something.

Following these tips will give a writer confidence to create within the world of criminal law and to begin writing crime and legal stories with authenticity.

Defending People Charged With Internet Crimes

According to reports published by the United States Federal Government, in the mid-1980s, trafficking of child-pornography within the United States was nearly eradicated through successful campaigns by federal and state authorities.

In the 1980’s, producing child pornography was difficult and expensive, however, with the advent of computers and the internet, child pornography has become easier to acquire, reproduce and store.

Digital cameras and the ease in which images and movies can be posted on the internet, combined with a world wide web which has no borders, has made it easy for distributors and collectors of child pornography to obtain the illegal photographs and videos. Although most people have some knowledge about the vast amount of pornography located on the internet, The National Center for Missing & Exploited Children has estimated that 20% of all internet pornography involves children.

Legally speaking, 20% of the pornography located on the internet is illegal to possess in the United States.

As a result of the increase in the availability of child-pornography, federal and state convictions for crimes related to child-pornography has increased. Recently, the United States Department of Justice announced a national strategy for eliminating child pornography. The effort includes nationalized databases allowing states to share information and the hiring of 38 assistant U.S. Attorneys across the United States to prosecute child pornography crimes.

A person must merely open a newspaper or watch the television to find a news article or picture of a person whose name and reputation is ruined by state or federal charges related to possession of child pornography.

Instead of focusing on the people producing child pornography, efforts have shifted and law enforcement is now targeting people who possess child pornography. In order to help prosecute regular citizens, the federal government has partnered with internet search engines to find people searching for, downloading and possessing child pornography.

Computer crimes are not limited to simply possession or distribution of child pornography.

Many people have seen television shows where law enforcement uses a computer to lure unsuspecting people into illegal situations (e.g., NBC’s documentary, To Catch a Predator, etc.).

In such situations, a law enforcement officer poses as a minor and lures a unsuspecting person to a location; the location is usually portrayed as the minor’s home. When the unlucky person arrives at the minor’s home, television cameras record the subsequent conversation between the surprised adult and law enforcement.

Sometimes, the unlucky person believes (or hopes) he or she may be able to “talk their way out” of a potential arrest; however, the statements made by the person is recorded and likely used by a prosecutor as the basis for a criminal prosecution.

In short, sex crimes, internet crimes and computer crimes are a primary focus of state and federal law enforcement throughout the country.

Examination of the Computer

In any case involving a computer, it is critical to use a computer expert in any child pornography case. The use of such experts can help establish a defense to the crime by showing some of the following:

• When an illegal file was downloaded;
• Which computer program was used to download an illegal file;
• Which computer user downloaded an illegal file;
• Whether the illegal file was placed on the computer as a result of a computer virus;
• Whether the illegal file was placed on the computer by somebody “hacking” into an unsuspecting user’s computer, and;
• Whether the people portrayed in the images and/or movies are actually “children” or models above the legal age of consent who are “posing” as a minor.

Unfortunately, most attorneys do not have sufficient knowledge about computer technology to even consider the use of computer experts. Most attorneys without sufficient computer background simply believe that if child pornography is found on a computer, the person is “guilty”.

Examples of Common Situations

Throughout the United States, prosecutors can file variety of different charges against a person for using a computer for what may appear to be legal activities.

Three common examples are provided:

Example #1: A suspect looks for pornographic material on the internet and subsequently downloads both legal and illegal materials (e.g., child pornography, etc.). The illegal materials actually come from a website which is operated by the federal government for the sole purpose of finding and arresting people who download child pornography. Once the illegal materials are downloaded from the law enforcement computer, a warrant is requested from a local court and the computer is seized and searched.

The person is arrested even if they didn’t know the materials downloaded onto their computer were illegal.

Many people believe that if a website looks “legitimate”, the materials that come from that website must be legal to possess (e.g., pictures, videos, etc.); however, such an assumption is not true.

As indicated, the federal government has set up “legitimate” looking websites which provide child pornography. The sole purpose of the website is to lure a person into committing illegal acts (e.g., downloading an illegal movie and/or picture, etc.) and then arresting that person for downloading and possessing the illegal item provided by the federal government.

Example #2: Similar to the example above, a suspect uses a “peer-to-peer” file sharing program to download pornography (e.g., LimeWire, Bittorrent, BearShare, etc.). Unbeknownst to the suspect, some of the pornography downloaded is actually child-pornography, and it comes from a computer owned and operated by law enforcement. Once the illegal materials are downloaded from the law enforcement computer onto the suspects computer, a warrant is requested from a local court and the computer is seized and searched.

Another example is when law enforcement uses those same “peer-to-peer” file sharing programs to “search” for illegal child-pornography. Once law enforcement finds illegal materials, a computer program determines the TCP/IP address of the computer which houses the illegal materials. With the TCP/IP address, law enforcement can issue a warrant to determine the location and address of the suspect computer. Once law enforcement knows the physical location of the suspect computer, another warrant is obtained allowing the search and seizure of the computer.

Example #3: A suspect contacts a person believed to be a minor through a chat room on the internet. The minor is actually law enforcement. Through several conversations, the suspect is either encouraged to send naked pictures, or, in the worst-case scenario, the suspect is badgered into a personal meeting with the minor only to arrive at a pre-arranged destination and have law-enforcement waiting to arrest the suspect.

The three examples are common situations where people are charged in either federal or state court, however, the examples provided are not the only actions which can result in criminal charges.

Federal Charges relating to Child Pornography

Federal law makes it a crime to possess or distribute child pornography. Specifically, Title 18, section 2252 and 2252A of the United States Code criminalizes possession or distribution of child pornography.

Federal law defines child pornography as any visual depiction (pictures, video, data stored on a computer, etc.) which involves a minor engaged in sexually explicit conduct.

Title 18, section 2256 of the United States Code contains several definitions relating to crimes involving child pornography; the following simplified definitions are provided:

Minor: The term “minor” as used in the federal law, means a person under the age of 18.

Sexually Explicit Conduct: The term “sexually explicit conduct” as used in the federal law, means any sexual act, including material which simply shows a child’s genital area.

Visual Depiction: The term “Visual Depiction” includes film, videotape, or other data stored on a computer, or computerized data or any data able to be converted into a picture or film.

Although there are several different criminal provisions of the United States Code relating to computer crimes, charges and penalties associated with child pornography are provided:

Receiving or Distributing: If a person receives or distributes child pornography, that person is subject to imprisonment in a federal prison for a mandatory minimum sentence of five (5) years.

Title 18, U.S.C., § 2252(a)(2); § 2252A(a)(2) (2010).

Transporting: If a person sends, gives or provides child pornography to
another person in any manner, (e.g., via mail, email, any
electronic means, etc.), that person is subject to imprisonment
in a federal prison for a mandatory minimum sentence of five (5) years.

Title 18, U.S.C., § 2252(a)(1); § 2252A(a)(1) (2010).

Possessing: If a person possesses, in any manner, child pornography, that person is subject to imprisonment in a federal prison for not more than ten (10) years.

Title 18, U.S.C., § 2252A(a)(4)(b); § 2252A(5)(B) (2010).

In essence, federal law makes it a crime for any person to possess materials which display a person under the age of 18 nude, genitals exposed or engaged in any sexual activity.

When representing a person charged with a crime involving child pornography, it is important to fully understand the differences between the potential charges and the risk of incarceration for each.

Significantly, if a person pleads or is convicted of a crime involving the possession of child pornography, there is no mandatory minimum sentence; however, if a person pleads or is convicted of receiving, distributing or transporting child pornography, there is a mandatory minimum sentence of five (5) years imprisonment.

State Charges for Child Pornography

In essence, all states makes it a crime to possess pictures or movies which portray a child’s genitals, pubic area or breasts (in the case of a female), if the child is under a certain age.

Common examples of illegal behavior are easy to image (e.g., a person possessing video tapes or pictures of underage children, etc.); however, the statute also criminalizes the possession of digitalized images and movies which can be stored on a computer or cellular phone. As such, if a person receives an illegal picture through email, and the person has a phone which receives email, a person could be charged and convicted simply for illegal items accidentally saved on their phone. Further, with the increasing popularity in cellular phones which are capable of taking pictures and recording movies, many more people are at risk of criminal charges for simply taking and saving illegal pictures.

Many state laws make it a crime for anybody to make a picture or video which shows a person under the age of 18 with his or her genitals exposed in any manner or engaged in “sexually explicit conduct”.

This includes pictures made with a cellular phone or a digital camera.

Prosecutors in many states have used this statute to prosecute people for merely downloading or copying images from the internet and then saving those pictures onto the hard-drive of a computer.

Restated, if you are downloading images and/or movies from the internet and then saving those images and/or movies on your computer, you may be charged in state court with the crime of manufacturing child pornography under the above statute.

Common Defenses in both State and Federal Court

Regardless of whether criminal charges are filed in state or federal court, there are many issues which should be examined by an experienced criminal defense attorney familiar with computer crimes.

The same issues arise whether the crime involves child pornography, sex crime or general internet crimes.

Although not limited to the following, several common issues which frequently arise are analyzed.

Knowing possession

In both state and federal court, in order to be convicted of the crime “possession of child pornography”, a defendant must knowingly possess child pornography, that is, the person charged must have knowledge of the existence of the child pornography.

This means the government must prove, beyond a reasonable doubt, that the person accused had knowledge of the existence of the child pornography.

Giving a Statement

Many defendants mistakenly believe if a reasonable explanation is provided as to “why” child pornography is on a computer, criminal charges can be avoided.

Restated, many defendants believe that providing an honest statement to law enforcement will help avoid being arrested or facing criminal charges.

That is not true.

When a defendant provides a statement to law enforcement, the statement will likely be used against the defendant during a criminal prosecution.

A criminal defense attorney should try and suppress any statements given by a defendant which, in any way, provide a link between the defendant and any child pornography found by law enforcement. A Motion to Suppress should be filed regardless of whether the defendant was in custody when the statement was given.

Many people believe statements given by defendants can not be suppressed if law enforcement provides Miranda warnings. This is also not true. An attorney should try and suppress statements given by a defendant even if law enforcement provides Miranda warnings.

Recent case example

In one recent case, an older, married man was suspected of possessing child pornography based upon activity to known websites containing child pornography. The gentleman lived with his wife in the suburb of a large city and had lived in the same neighborhood for years.

Law enforcement did not have enough evidence to get a warrant to enter the suspect’s house and seize the computer. Because they couldn’t get a warrant, law enforcement decided to walk up to the man’s house and talk to him to see if they could gain access to the house voluntarily.

In arriving at the house, law enforcement waited until approximately 7:30 p.m., when it was dark, and all the people in the neighborhood were home. Three federal agents and some local police came to the older man’s house. After convincing the man that they should be allowed into the house, the authorities also convinced the man they should be allowed to “examine” the computer within the house.

In short, law enforcement coerced the gentleman to verbally provide permission to search the computer. Law enforcement threatened to stay in the man’s house for several hours while they attempted to get another search warrant. Law enforcement also threatened to seize and take several items which belonged to the man’s wife.

The man believed if he did not give consent, multiple officers would arrive in the neighborhood with the lights on their patrol cars flashing, law enforcement would stay in the house for hours, search through all of his items and his wife’s items, and ultimately take several things which belonged to him and his wife.

After several hours of badgering, and believing he had no other choice, the man finally admitted he may have downloaded child pornography, provided verbal consent and the computer was seized. Shortly thereafter, the man was federally indicted because his computer contained child pornography.

In the above example, an attorney should challenge whether the officers even had the right to go to the man’s house and talk to the older gentleman. An attorney should also challenge the verbal consent and statement given by the older man on the basis the consent was coerced. Finally, an attorney should challenge whether the officers had the right and authority to examine the computer because the wife did not give consent and both parties had access to the computer.

Initial Seizure of the Computer by Law Enforcement

In all criminal cases involving a computer, it is likely that law enforcement will seize the computer and subsequently perform a forensic search of the computer.

Although all law enforcement has different procedures for an initial search and seizure of a suspected computer, an experienced criminal defense attorney should ensure all procedures were followed properly.

The failure of law enforcement to follow proper procedures in analyzing a computer for the presence of child pornography can result in charges being reduced or completely dismissed in some cases.

Recent case example

In a recent case, a defendant’s computer was seized and subsequently examined by a computer expert hired by local law enforcement. The expert reviewed the computer and found what was believed to be child pornography.

When deposing the expert, attorneys discovered the expert did not follow procedures and protocol required by both federal and state law. Because the proper procedure was not followed, several motions were filed and arguments were made in court to have the charges dismissed. After several days of arguing, the prosecuting attorney finally agreed to a substantial reduction of charges.

Recent case example

In one recent case, a computer was seized by a person suspected of possessing child pornography. A close examination of the computer and suspected child pornography resulted in the discovery that the pictures believed to be “illegal” were downloaded from a commercial adult website and the alleged “children” were adult models.

In that case, the owners and creators of the website were contacted and records were sought to demonstrate the people within the pictures were actually adults.

Determining who had access to the Computer

In most households, multiple people have access to a computer. Sometimes, people even allow friends, relatives and neighbors access to a computer. We have represented clients charged with crimes simply because the person allowed other people to use their computer.

In such cases, it is important to thoroughly consider all people who have had access to a computer to determine possible defenses. Such information is critical in establishing the party responsible for putting illegal material on a computer.

Recent case example

A defendant was recently charged with possession of child pornography, however, the defendant lived with three (3) other people. A detailed examination of the computer determined most of the illegal materials were downloaded onto the computer between 8:00 a.m. and 5:00 p.m. during the regular work-week. Because the defendant worked a regular job during the day, employment records were sought and ultimately, a significant amount of doubt was cast upon who, exactly was responsible for downloading the illegal materials, and the defendant accepted a very good plea agreement which completely avoided the risk of lengthy imprisonment.

Limewire and other “peer-to-peer” networks

Although many people use software such as Limewire for legal purposes, some people download child pornography using such software.

When a person is facing charges which involve “peer-to-peer” networks, such as Limewire, Kaza, etc., an attorney with technical knowledge can quickly look at a computer to determine whether the material may have been downloaded “accidentally.” Restated, an experienced attorney can look at the manner files were downloaded onto a computer to determine whether a person was intentionally seeking illegal materials such as child pornography or whether the person accidentally downloaded child pornography.

Remember, the law requires a person “knowingly” possess child pornography. Possession of pornography involving adults is not a crime. The government must prove, beyond a reasonable doubt, a defendant knowingly possessed the illegal image(s) and/or video(s) and the person charged must have reason to know of its true content and character (e.g., that the material is illegal, etc.).

As such, if a person did not intentionally download child pornography, it is likely the person would not know the illegal item was located on their computer. An attorney with computer knowledge will examine a computer to determine whether illegal files were likely downloaded accidentally.

Further, experienced hackers can access a person’s computer through an internet connection and store illegal materials on the computer of an unsuspecting person.

Restated, pedophiles with computer knowledge can hack your computer and use your computer to store and access their illegal child pornography without fear of getting caught.

Use of Computer Experts

As noted above, although it is important to have an attorney who possesses significant computer knowledge, it is also important to have a computer expert on your team who can provide testimony, if necessary, to the technical issues which arise when defending somebody charged with a computer crime.

Recent case example

In a recent case, a defendant was charged with several counts of possession of child pornography based upon images and movies found on his home computer. The defendant’s computer was seized by law enforcement and later searched by law enforcement when the computer was at the police station.

When deposing the police officers who searched the Defendant’s computer and found the illegal material, I discovered the “expert” did not follow procedures and protocol required by both federal and state law.

Simply stated, the police officers did not follow the required technical procedures when searching for pornography on the Defendant’s computer.

Recognizing the problem, the client retained a computer expert who also reviewed the analysis done by law enforcement. The expert wrote a report showing the technical mistakes made by law enforcement, and how those mistakes impacted the Defendant’s ability to establish a defense.

Those mistakes were the basis for defense motions to dismiss the charges for violation of the defendant’s constitutional rights. Ultimately, the prosecuting attorney agreed to a substantial reduction of charges.

Punishment in Federal Court

If a person is convicted of a crime involving a computer or the internet in Federal Court, the person will be sentenced based upon the Federal Sentencing Guidelines.

Although no longer mandatory, the Federal Sentencing Guidelines is a compilation of written standards which exist all across the nation to help equalize sentences for similar crimes. The Federal Sentencing Guidelines (hereinafter “The Guidelines”) provide a framework for judges to follow when determining an appropriate sentence for an offender. The Guidelines help ensure that a person convicted of a federal crime in one state receives a similar sentence to another person convicted of the same crime in another state.

With respect to a crime involving child pornography, the term of imprisonment for a convicted defendant can increase significantly based upon factors outlined within The Guidelines.

The following enhancements may apply in a case involving child pornography.

Prepubescent Minors: If the materials found on a computer (e.g., pictures and/or movies, etc.) involve a “prepubescent minor” (e.g., a minor who had not attained the age of 12 years), an increase in the sentence is warranted.

Use of a Computer: If a computer is used to access, distribute and/or store the illegal materials, an increase in the sentence is warranted.

Sadomasochistic Conduct: Depictions of sadistic or masochistic conduct or other depictions of violence in the materials requires an increase.

According to recent federal decisions in the issue, penetration of children (in any manner) qualifies as “sadomasochistic conduct” because the courts believe forced sex of a child is painful and, as such, “sadomasochistic”.

Number of Images: An increase in the sentence is also warranted if the number of images located on a computer is more than 10 images. A substantial increase is warranted if there are movies and/or videos located on a computer. One video counts as 75 images, and videos substantially longer than 5 minutes may require an upward departure.

In short, after considering all of the factors which impact a potential sentence, it is not uncommon for a person convicted of possession of child-pornography in Federal Court to have an average sentence somewhere between eight (8) and fifteen (15) years.

Enhancements exist in Federal Court for every type of computer crime, not just possession of child pornography.

Punishment in State Court

As indicated, in every state, felony charges exist for sex crimes, internet crimes and computer crimes.

As in Federal Court, there are many factors which can impact a judge’s decision in imposing a sentence. An experienced attorney will ensure a Court is aware of all favorable factors before a defendant is sentenced.

Conclusion

The popularity of computers and the internet have made it easier for people to commit computer related crimes. The consequences of criminal charges related to computer crimes can include a lengthy term of imprisonment. It is imperative that a person facing criminal charges for computer crimes consult and retain an attorney who has in-depth experience and knowledge about computers and other technology. Frequently, it is such knowledge which provides the basis for a short sentence or probation as compared to a lengthy sentence of imprisonment.

A Beginner’s Guide to Buying Shares Intelligently

Practically everyone takes a flawed approach to buying stocks. So, practically everyone ends up with a rotten loss-making portfolio.

So here’s a beginner’s (or for that matter, even an expert’s) list of dos and don’ts…

But remember… you have to do lots of “donkey” work to become a successful “bull” on the stock markets. You must also have monumental patience and play stocks with a long-term perspective. Hoping to multiply money in quick time is a definite recipe for disaster.

1. First and foremost, you have to understand and appreciate that when you are buying stocks you are NOT buying some symbols on the screen. Instead, you are buying an underlying business. You are becoming a partner in that business. Therefore, you share its profits and its losses. That is why the term… shareholder.

2. It is but obvious that you have to buy sunrise businesses. If the products and services of any industry are not in demand, it would be foolhardy to become a partner in such businesses.

3. However, quite often, two companies in the “same industry” follow diametrically opposite paths… one profitable and the other losing money. The answer to this oddity lies in the quality of entrepreneurship. Good managements make good businesses. Bad managements fail frequently. Backing proven managers is, therefore, the most sacrosanct and inviolable principle of investing in stocks.

4. Sometimes even good managements and good businesses go through tough times. Therefore, apart from ascertaining that the company is running a good business and managed by a good team, you have to ensure that it makes good sales and earns good profits. Never invest in a loss-making company, unless you see strong signs of a turnaround in the near future.

5. Operational performance is one part of the story. The other significant aspect is its financial foundation. All businesses have to withstand the vagaries of the economy. For example, too much debt may not be an issue during good times. But it can seriously threaten even the existence of the company when economic conditions turn bleak. As such, strong balance sheets always make a dependable choice.

6. Wait… a company with excellent business, excellent management, excellent financial strength and excellent profits, is not the green signal to cut your cheque. No. There is one more critical parameter – its market price. If the price is too high relative to its underlying valuation, even excellent shares will not make money for you. A reasonable PEG ratio determines a reasonable stock to buy.

This is the safe, sensible and steady approach to buying shares. It would surely give you a lot more winners than losers. And, to succeed you don’t need ALL the players to do well. A few good performances, backed by at least average play from others will definitely win you most matches.

Buying Shares – Tips For Beating The Stock Market

In the present uncertain economic climate, many investors are wary of investing in the stock market. Some are even asking whether they should stop buying shares, and invest in items that are traditionally viewed as less risky, such as gold or government bonds. While it is true that investing in stocks and shares is risky at the moment, it should be remembered that such risk always exists, even in the middle of a stock market boom. There is no reason why the astute private investor cannot buy shares today and secure a handsome return overall in the long term, and this article offers tips on how to achieve that.

It is important to say that profit can’t be guaranteed on individual share purchases. For a variety of reasons – wider market conditions, global recession, issues specific to the company or group in question – it can happen that the price of a stock falls below the level at which it was purchased, and stays there. In this case, a classic strategy by small investors is to hang on to the stock until they can receive how much they paid out. This is wrong, as it can lead to an investment tied up long term in a moribund stock: it would be much better to sell at a loss and invest in shares that are likely to rise and make a healthy profit, over and above the money originally paid out. When buying shares it pays not to be too inflexible in strategy, but to be open to opportunities to make money, even at the risk of taking a temporary loss.

When buying shares initially, or when selecting which shares to buy, research is the key to avoiding losses. Never buy on a whim: always thoroughly research all of the issues surrounding any purchase. There are a number of different areas it is essential to research.

The first is to conduct general research on the stock market as a whole. Is the recent market trend for shares to rise or fall in price? Are any sectors performing better than others? Will any recent national or international events affect the performance of the market as a whole, or of individual sectors? All of these can determine which types of shares may be ripe for purchase. Places to research this information can be national newspapers and magazines, financial and political websites, and publications and websites particular to the stock markets themselves.

Once a sector or even individual company worthy of investment has been selected, then the relevant sector of the economy must be researched. Who are the big players? What are the trends in that sector? Is any new technology imminent that will change how the sector operates, bringing in new companies? Are any companies in danger of failing, and if so what is the cause? An effective analysis of these factors is of great use in finding a company to invest in whose stocks are undervalued and likely to rise. Sources of information can be trade magazines and websites, trade association publications, specialist scientific/technical magazines, and the usual financial publications and sites.

Finally, once a company has been selected it must be researched in detail before shares are purchased. What is the company’s trading record over the last five, ten or even twenty years? Is it profitable? Are there any potential threats to its income? Are there any new innovations it is developing that could boost income? How does it perform in relation to comparable companies in the same sector? All of these factors must be researched in detail before a decision is made to buy shares: a large amount of money could be lost if any corners are cut.

So it can be seen that many factors can influence the decision on which shares to purchase. Here are some key points to remember:

Be prepared to make a loss on individual stocks to ensure long term profits.
Never buy stocks and shares on a whim.
Research the stock market as a whole. What sectors are ripe for investment?
Research the target sector. Which companies’ share prices are undervalued compared to their potential?
Research the target company in detail. Are there any hidden problems? How does it compare to the rest of the sector?

Buying Shares

There are two different ways you can purchase shares; the first is from the actual company right when the shares are first being offered. This is when the company is trying to raise money by offering out shares to be bought by the public. The second way is to buy shares from other investors through the share market.

Before buying shares, you will probably need your funds available, as this will be required by most firms when buying shares of stock. In addition, you should also set up a trading account before trading as most brokers require this. Shares are always bought through stockbrokers, so before you start buying stock shares, you’ll need to find a stock broker.

There are many different types of brokers, some deal over the phone, some use post, and many use online services. Online dealing is the cheapest and most brokers use that nowadays. When choosing a broker, make sure that they are suited to fit your specific trading requirements, and that they provide you with quality information and quick execution when buying and selling stocks. Also, they should be well versed on the markets available and the different costs of services and shares.

When buying shares, many people like to do their own research on which shares to buy, they educated themselves and research on certain shares and then make well informed decisions on which ones to buy. People who do this will only need a broker to execute the actual act of buying the shares; these brokers are called execution-only brokers. These brokers will not provide you with any types of advice on which shares to buy, because the decision is yours, they’re only job is to buy or sell the shares for you. They may, however, offer a variety of different types of research tools and online tools to help get a background on the market.

The second type of share buying service is called the Rolls Royce service. These brokers will offer you a large amount of advice, they will help you to form trading strategies and try their best to suit your personal financial plan. These brokers will also help to advice you on buying shares and help monitor your investments, although the final decision rest on the client. There are some broker services however, which enable a broker to buy or sell different shares without having to ask for approval from the client. To do this, one must have a high amount of trust in the skills of the broker, this service can also prove to be very expensive as it is very highly tailored to the individual and require a lot of research from the broker.

For those who are very new to the market, you may need a broker that can help to advise you on which shares to buy or sell. Execution-only brokers are much cheaper services, however, and some brokers will not accept you as an advisory client unless you have a large amount of money to invest.

Shares Trading – How to Buy Shares

A share is defined in the world of finance as a unit of account for various financial instruments including stocks, mutual funds, limited partnerships, and REIT’s (Real Estate Investment Trust). In the English language the use of the word share to refer solely to stocks is very common and it has come to be synonymous with the word stock itself.

In laymen terms, a share or stock is a document issued by a company that entitles its holder to part ownership in the company. A share can be issued by a company or may be purchased from the stock market via a stock broker. We often hear the term “dividend” in the news media but people new to share trading can be sometimes be confused as to what exactly a dividend is. Dividends are payments made by a corporation to its shareholders. It is the portion of profits that the company has earned paid out to shareholders. Corporations can either re-invest their profits in the business, or pay profits out to the shareholders as a dividend. Often times, corporations will retain a portion of their earnings and pay the remainder as a dividend.

Dividends are one reason why share trading is so popular amongst investors and traders. If the company you own shares in makes a profit and pays out a dividend, you will earn the dividend and still hold your share position. If you choose to sell your shares you will make a capital gain in addition to the dividends you have earned over the years, a capital gain is the money you gain if your shares have increased in value since the time of purchase. However, it is also possible to incur a capital loss if you sell your shares at a price below what you bought them for. Proper research before buying shares in a company is crucial; if you find a company with good long-term growth prospects you can reap the benefits of increasing capital gains while simultaneously collecting dividend pay outs.

Buying shares is very easy today with ease of access that the internet has brought about. There are a few different ways in which to buy shares however, some people prefer to use a stock broker, this is a person or a firm that trades on behalf of the client, you tell them what you want to invest in and they will issue the buy or sell order. A full service stock broker will provide various services, at a fee, some of these services include investment research advice, tax planning, and retirement planning. There are also discount brokers who will allow you to buy and sell shares at a low rate but don’t provide any investment advice. Finally, for people who do not need or want assistance from an actual stock broker there are online brokers that allow you to buy and sell shares entirely over the internet with no need for a human stock broker.

Share trading has exploded in popularity recently with the advent of wireless internet and ever expanding Wi-Fi “hot spots”. It is entirely possible to now buy and sell shares in a company over certain cell phones that are internet enabled. For most retail traders and investors who spend the time to do a little extra research on shares of companies they are interested in buying, share trading is very lucrative and is a great way to diversify your finances. Share trading allows people to participate in all kinds of sectors, brands, and services. The ease and simplicity of internet share trading has made it possible for anyone who is interested in buying shares to do so.

Buying Shares – A Simple Share Buying Strategy

Have you been wanting to buy some shares but haven’t been sure when to take that leap? Taking the leap to buy shares can be hard to judge. So when do you buy into the market? It can be especially difficult for you if you are new to share trading. I think it is always a good idea to watch your chosen share for at least a week, maybe even a month if possible before deciding when to buy your chosen share. If you can stretch the watching out to the month it will be worthwhile as you will have a better idea of how the share works, and what price would be fair to buy the share at. If you wait much longer than the month you may miss an ideal buying opportunity.

This strategy is simple to execute and will ensure that you’ve bought at a fair price, it may not be the best price to buy the share but it will be fair. So here is a simple share buying strategy that you can use anytime regardless of how the market is tracking.

Divide the purchase of your chosen share into three parts. You will be buying your shares at three different prices. When buying shares this way it doesn’t matter when you get into the market, as it will even out the purchase price of your shares. If after your first share purchase the market goes up you have gotten you first share purchase at a discount, if it goes down then your next share purchase will be at a discount.

So while this may not guarantee that you will buy your shares at the best price it will give you an even buy every time. It doesn’t matter whether the stock market is bullish, bearish or even neutral you will have a high price, a low price and a price somewhere in the middle.

Tip: Set up a watch list

If your not sure what shares you would like to purchase set up a watch list of five to ten shares that you are interested in and watch how they perform. Most trading platforms will allow you to do this free of charge.

One Last Tip: Check the last five days

The Australian Stock Exchange website gives you the details of the last 5 days closing prices, high & low prices. It’s a great way to review where the share has been and if there are any trends. Most other stock exchange websites should be able to provide you with the same information.