August 4, 2007 By Wallin & Klarich

There seems to be a trend developing of people taking pictures of themselves doing wild and crazy things, and in particular using their cell phone cameras to photograph themselves having sex.

This might be great entertainment to show your friends at parties, but people who take pictures like this need to be more alert about what they leave stored on their cell phone – particularly if the picture is of you having sex with your underage girlfriend – or you and your friend’s smoking dope – or you and your friends tagging a railroad trestle, or whatever else you might think is cool, but illegal.

Some people go so far as to post such pictures on the internet on popular websites such as MySpace. This can be big trouble because these pictures can come back to haunt you if law enforcement gets a hold of them. On a site as popular as MySpace, you can be sure someone from law enforcement is going to eventually run across it. And perhaps you are not aware that once you post a picture on the internet you have lost whatever privacy you may have expected to have.

Not only do you need to be vigilant about taking pictures of yourself doing incriminating things, you also need to be wary of anybody else taking your picture while engaging in “wild and crazy” behavior. It is one thing to do something stupid/illegal, it is another to allow someone else to obtain photographic evidence of it – evidence that can be used against you in a court of law. I have seen numerous stories on the news about people getting in trouble because someone photographed them at a party and I have handled cases where the evidence against my client was the pictures obtained from their own cell phone.

No doubt we live in a new age of technology where just about everybody is walking around with a cell phone that has a digital camera in it. It’s bad enough to worry about walking a “tight rope” in public for fear of some zealous citizen taking your picture. But, taking your own incriminating photos and storing them up just to have them come back to bite you at some unknown time in the future is just ridiculous!

If you find yourself in this position, don’t fret. Our law firm knows how to handle all kinds of evidentiary issues both before and during trial. Our attorneys will make sure you get the full benefit of experienced and competent representation, no matter how irresponsible you have been.

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