Facing Sex Charges in Minnesota? The Government Wants Your Phones and Computers
If you are facing sexual assault, child solicitation, child pornography and other related charges in Minnesota, the ramifications may be catastrophic. One aspect you may not have considered is this, the government will almost certainly take away your access to your phones, computers, and other internet devices. The only way you will be allowed to use a phone, computer, or other electronic device is if, and this may not happen, is if you agree to allow government monitoring of every single device that you have access to. The purpose of this article to discuss device and internet monitoring and how it generally works here in Minnesota. If you are facing serious sex, solicitation, pornography or other charges, make sure you sit down with an experienced Minnesota Criminal Defense Attorney. You need to know what is coming at you.
Electronic Monitoring is the Fastest Growing Segment of Criminal Justice in Minnesota
While we already know that the United States has more people incarcerated than the rest of the world combined. However, I bet you didn’t know that the fastest area of growth in the criminal justice system in the U.S. and here in Minnesota is something called electronic monitoring. While this frequently applies to electronic home monitoring (EHM) or even GPS, there is one area that is sometimes overlooked and that is device and internet monitoring.
Internet and Device Monitoring
The State’s logic seems to be that you cannot be trusted with the internet or with your phone, computers and any other communication device. As a result, as part of a conditional release program or even probation in the event of any conviction, the government will control what you do with all of these devices. You may get no access. In the event the government will allow you access, here is an example of how it might work.
“When you are facing charges, you need to know the true ramifications of what the government can do to you.”
A man is charged with one of these crimes and in order to be released from custody, he must agree to this monitoring, assuming he could get it. Upon release, he must agree do a lot of things. This includes but is not limited to:
Disclose any and all all electronic devices to which he has access;
Agree to not acquire any new devices beyond those disclosed to probation
Agree to not go onto any sites that contain sexually explicit or pornographic material (this includes legal pornography);
Agree (typically) to not go to any sites containing “sexually stimulating material.”;
Agree to not go to any online dating platforms;
Agree to not go to any other sites that the government decides are inappropriate;
The government will then run a diagnostic over every device to make sure there is nothing objectionable on the device;
It should also be noted that in the event of conviction, a condition of probation may include 24 access to searching of residence and business without warrant to search for material in violation of probation.
IPPC Technologies Oversite
In order to make sure you are following each and every requirement as it applies to internet usage and phone monitoring, probation will install computer monitoring software on each device. The most frequently software technology installed is by a company called Internet Probation & Parole Control Inc. or simply IPPC Technologies. IPPC Technologies is the largest and most popular company in the field. They provide monitoring tools, scanning and access for both State and Federal customers including right here in Minnesota.
They are tracking in multiple ways including:
Type of Content;
Amount of Content.
The purpose is to track each and every call made, internet site visited and more. It should also be noted but rarely mentioned that as part of this tracking process, the government is also looking not just at the content but also the “amount” of usage. In other words, they will watch just how much you use your devices and will look for consistency from month to month. If they see certain fluctuations in content amount of time on the device, they may see this as evidence that you may have an additional device that has not been disclosed previously. Finally, as part of the process, they will do subsequent searches of the devices to determine whether there have been any efforts to override, circumvent or remove the software.
Location Tracking Through Cells Phones
While this is not the focus of this article, one additional area to be aware of is probation efforts to track those on conditional release or probation. Cell phones use cell towers to stay connected. This, however, also allows for the potential for providing specific location information for a particular cell phone. With one cell tower, it can be difficult for a specific location information but with something called triangulation, it is possible to locate a cell phone within even a couple of meters. Again, the is simply another effort for the government to provide what they call “Oversight.”
Go with the Best
If you are facing sex charges, child porn, solicitation or other criminal charges, you should consult with an experienced Minnesota sex crimes criminal defense attorney immediately. It would also help if they are a Board Certified Criminal Law Specialist.
“These kinds of charges can change everything. Don’t just gamble with good enough.”
Jack Rice is a nationally known and award winning criminal defense attorney. He is also a Board Certified Criminal Law Specialist, former Minnesota prosecutor, former CIA Officer, and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.