Go to Jail for Internet Lies?

From WSJ

Is it illegal to lie on your Facebook profile or to use your company computer to goof off? And if so, could you go to jail for it?

Those activities may be illegal under broad interpretations of the Computer Fraud and Abuse Act, an anti-hacking law passed in 1986 and later expanded, asserts George Washington University law professor Orin Kerr in an op-ed for the Wall Street Journal. And those crimes could become felonies carrying a three-year jail term if Congress agrees with a proposal by the Obama administration, Kerr writes.

Currently, the law makes it a misdemeanor when a person “exceeds authorized access" to any computer, Kerr says. Courts are still defining that language, but the Justice Department contends it should apply even when “terms of use” are violated or workplace policies are disregarded.

As an example, Kerr cites a 2009 case in which the Justice Department prosecuted a woman under the law for setting up a profile with MySpace using a fake picture. Kerr may have been referring to the prosecution of Lori Drew, the Missouri mom accused of helping to drive a neighboring teen to suicide by posing as a teenage boy who wooed then rejected the girl. A federal judge overturned the conviction.

Kerr says the law doesn’t even require the unauthorized computer use to involve the Internet. “Since 2008, it applies to pretty much everything with a microchip,” he writes of the law. “So if you're visiting a friend and you use his coffeemaker without permission, watch out: You may have committed a federal crime.”

Kerr believes the law should be narrowed before its penalties are expanded. “There's no reason to make breaching a promise a federal case, and certainly not a felony crime,” he writes.

This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications  

Flashing headlights = Free Speech?

From the St. Pete Times

Erich Campbell thought he was just being helpful the night he flashed his headlights on a busy Tampa highway to warn drivers of a police speed trap ahead.

The Florida Highway Patrol didn't appreciate the help. Officers pulled Campbell over and ticketed him.

Flashing your lights is illegal, they said.

Are Creditor's harassing you? What are your rights under Florida law?

Did you know that collection agencies in Florida must be registered with the State in most cases?  If an unlicensed creditor calls you and tries to collect on a debt, you may be entitled to compensation.  It's important to know what company is attempting to collect on your debt and to document everything.  You only have two years to file an action against these agencies.  So call me today if you would like to discuss your matter.  I don't change any fees to call me and discuss your case. While I'm in Tampa, I can handle cases from all over the State in most cases.

Are you being harassed by creditors?  Call me today and lets discuss what can be done. Call Zonald at 813 413-5352 or email Zonald@zonaldlaw.com.  


Here are the rules in which the creditors must play by in the state of Florida.    


More after the jump.

Credit Card Debt? If You Ignore The Creditor, Do Not Ignore The Summons

This is actually a pretty decent article out of the Temple Terrace Patch. Link

The Law Firm of Zonald E. Spinks, Esq. specializes in creditor harassment in Florida. If you get something like this, it's important to call an attorney as soon as possible.  If you would like to call me, feel free.  No charge just to talk to me on the phone to explore your legal options.  Call an attorney, call me. Call Zonald Spinks at 813 413-5352.

No more video at Hillsborough DUI Breath Test Unit

Customer Sues Chase, Says Bank Ruined Her Credit By Declaring Her Dead

This is almost an unbelievable story. We all know how important your credit score can be, affecting your mortgage, employment and even your automotive insurance. I feel it is very important for every consumer out there to pull their credit often, especially before applying for a new loan. 

The only truly free credit report out there is on www.annualcreditreport.com/ .  This was started under law so that consumers can obtain their credit report, once per year, at no cost.  Keep in mind you can not get your credit score here, but you will get a full transcript about what is being reported on your credit.  For a credit score, you can go to a site like www.myfico.com.  Typically a consumer will pay about $20 to see their score and read the report as well.

This story, out of Orlando, is about a woman who had a mortgage with Chase Bank.  Chase, for some unknown reason, reported her to the credit agencies as deceased.  This ruined her credit rating.  No lender would loan money to a dead woman.

Has a bank or another institution erronuslly ruined your credit?  Has a company reported incorrect information to the credit agencies?  What are your rights?  Call an attorney in Tampa, Florida call me.  Call Zonald Spinks, Esq. at 813 413-5352 to discuss your legal options.  It's free to talk to me anytime. 

Story after the jump.

Know Your Rights For Tampa DUI

If you are stopped by the police on suspicion of DUI, you need to know what your rights are under Florida state law:

Right to remain silent – under Florida law, you have the right NOT to answer any questions that could possibly incriminate you.  If you really have had something to drink, tell the officer that you would like to speak with an attorney before questioning.  You don't have to be rude, just ask politely. When asked how much you've had to drink, ask to speak with your attorney first.  Don't say "a couple," it never works, you're probably going to jail anyway.  You need to accept that and not give them any additional reasons to be found driving under the influence.


Right to refuse field sobriety test – under Florida law, you do not have to take a field sobriety test.  However, you should know that this will lead to your arrest.  One you’re arrested, you have a right to legal counsel.  The refusal to take a field sobriety test can be used against you at trial by prosecutors – which is why it is important to speak with a Florida DUI attorney as soon as possible.  Better to refuse than have video of you falling all over the place.

Right to refuse a chemical test – while you can refuse to provide a sample for chemical testing (blood, urine, breath), taking the test is usually not in your best interest if you have had too much to drink.  However you must keep in mind that refusal could result in your losing your driver’s license for one year, even if you are not convicted of a DUI.  However, Florida DUI law does give you the right to consult with a lawyer before submitting to any chemical (breath, blood or urine) test.  Also keep in mind everything you say and do is on video when they are asking permission to do a breath test.  Just say "yes" or "no" and stand up straight. That video will be used against you along with anything else you talk about during your jail visit. Exercising your right to remain silent is golden. Again, don't be rude, but you do have this right.

Understanding these basic rights – and calling a Florida licensed DUI attorney as soon as possible – can help you protect yourself from the legal consequences of a DUI offense.

If you’ve been arrested for a Florida DUI, you need a DUI defense attorney with the experience to ensure you get a fair hearing.  When your freedom is on the line, contact a Florida licensed DUI attorney and criminal defense attorney Zonald E. Spinks at 813 413-5352.

This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications