Arrest, Search, Seizure, Warrant Search warrant for child porn and was interviewed

[forest4773]

My home was searched and drives were seized by homeland security agents. Also at the time I was interviewed and recorded at the time. I haven't heard anything in a month's time. Why was I recorded? Why is it taking so long to hear back? I am always on edge as a result of all this.

 

[Proserpina]

A month really isn't that long in the grand scheme of things.

You have an attorney, yes? Please tell us yes. If the answer is "no", please get an attorney!

 

[mightymoose]

You were recorded because you failed to object to the recording, and because you failed to refuse to be interviewed.
You may not see your property again any time soon. You can always call the investigator to ask the status of things, but it's probably best to forget about them and hope they forget about you.

 

[army judge]

As sure as the sun set somewhere tonight, and it will rise somewhere tomorrow, you'll be hearing from those federal agents sometime in the future.

A month isn't long, even three months, but they'll be contacting you, especially after you were so gracious to grant them a RECORDED interview.

You'll see that interview soon, too, as will the JURY.

I suspect an indictment will issues form a federal grand jury somewhere near a federal courthouse nearby.

All I can tell you is that when you next meet again, politely decline any interview, don't give any comments, and ask for a lawyer.

Be polite, but be firrm and keep asking for a lawyer.

If you're smart, HIRE one tomorrow, and let him or her advise you.

Lawyers can discover things you can't in advance of them happening.

So can bail bonding agencies, so speaking to one of them about if a FEDERAL warrant has or will issue might be useful.

 

[Betty3]

There is no way we can know exactly why you were interviewed/recorded or why you haven't heard anything yet but as the others noted a month is not that long.

Get a lawyer!! (if you don't already have one)

 

[forest4773]

I have a public defender as I can't afford an attorney and he is now the go-between. I'm 28 and was laid off from my job earlier this year and got caught up in this crap with too much spare time. I don't drink or do drugs and basically the computer was my escape. I was emailing a guy back and forth with fictional stories and such and they had taken over his account when they came to me. I'm terrified at this point as I've never been arrested for anything in my life. When I was questioned I didn't divulge too much information and at one point requested an attorney halfway through. I was asked some odd questions like what did I think contributed to it, and if I sought help it would look good, etc. My attorney just tells me to relax and he will call me when he hears something; he told the agent to try and keep it state but I feel like my life is over now.

I just feel like I'll be completely screwed if or when it comes to statements on my character due to the subject. I've never been more scared in my life.

 

[army judge]

You can't change ANYTHING.

You can try to focus on the now.

If you are indicted or charged, you appear when told, plead not guilty, be polite, remain calm, dress in business attire, and discuss bond on your personal recognizance (signature and promise to appear); also talk to a bonding agency, just in case you need more than your promise to appear.

You'll eventually get bond, you say your record is clean, that's good. In the federal sentencing, if you are convicted or plead guilty, take responsibility, apologize; you'll likely ONLY get probation. The federal system uses sentencing guidelines, but federal judges are FREE to divert from the guidelines, if they so desire. You'll discover, many often do if the defendant is remorseful apologetic, and tries to correct their behavior.

However, let's not move too fast. Because, its a LONG time away from that happening. At the moment, you haven't been indicted or charged. Until you are, and even after you are, you are presumed innocent until they prove your guilt. So, slow down, think it through. Whatever you do, don't admit to anything (YET), and don't take any classes or courses that would indicate GUILT (YET).

They'll give you a set of instructions, follow them religiously, if they say stay away from kids, stay away from kids; no liquor, no liquor then; curfew at 8:00PM, OBEY IT; follow all their rules' and stay in touch with your lawyer.

You are innocent until proven guilty, or you blab, so stop BLABBING.

From this point forward, you screw yourself by getting antsy, acting hoakie, doing anything or saying anything abnormal; so shut up, wait, and stop BLABBING.

This can take 18-24 months to get resolved, once it gets started in the federal system, so patience and silence are two new friends; as is your lawyer. A public defender is a lawyer, paid for by the taxpayers, just like the US Attorney and those Stasi agents. So, you're in capable hands.

 

[Proserpina]

OP, AJ's last post offered you invaluable advice.

TAKE IT!

 

[CdwJava]

I'm curious ... who are "Homeland Security" agents? Kiddy porn and internet fraud should be handled by the FBI or local/state law enforcement.

 

[army judge]

I'm curious ... who are "Homeland Security" agents? Kiddy porn and internet fraud should be handled by the FBI or local/state law enforcement.

The Homeland Security Agents are sworn federal law enforcement authorities with FULL powers of arrest and law enforcement.

These are some examples:

Customs and Border Patrol

Immigration and Customs Enforcement (ICE)

To name a few, but the TSA is also under Homeland Security, most are not sworn ;aw enforcement personnel, the biggest exception are Air Marshals Service, who are sworn law enforcement agents..

http://www.dhs.gov/landing-page/component-careers

Homeland Security gets its enforcement of child porn investigations from US law because of Customs and Border Protection:

http://www.ice.gov/predator/

 

[CdwJava]

I understand WHO they are, but I have never seen them involved in child porn and the like ... since so many people lump every agency into some 1984 Orwellian-esque conspiracy, I wonder if the OP simply meant that they were feds or wore alphabet soup jackets. This type of investigation simply doesn't have Homeland Security written on it. In the briefings and training I have attended, they are a PARTNER in, but not the lead agency of related investigations. I suspect it might have been a task force of which HS might have been a member, but is most likely state or FBI officials taking the lead. Maybe not, but, it's unusual if it was HS.

 

[army judge]

I understand WHO they are, but I have never seen them involved in child porn and the like ... since so many people lump every agency into some 1984 Orwellian-esque conspiracy, I wonder if the OP simply meant that they were feds or wore alphabet soup jackets. This type of investigation simply doesn't have Homeland Security written on it. In the briefings and training I have attended, they are a PARTNER in, but not the lead agency of related investigations. I suspect it might have been a task force of which HS might have been a member, but is most likely state or FBI officials taking the lead. Maybe not, but, it's unusual if it was HS.

HS is taking a larger role in certain investigations.

I found it odd, too, and they could have been part of a joint task force.

The OP may have interacted with the HS Agents, and therefore remembered them.

However, I've seen locals, county, state, and feds (as I'm sure you have, too) cooperating in drug tasks forces, task forces to serve warrants, and many other manner of joint operations.

I do know that HS has taken the lead on the importation and distribution of child porn, and they have made several large busts in that regard.

Oh well, maybe they were U.S. Supreme Court Police, U.S. Capitol Police, U.S. Veterans Affairs Police, U.S. Bureau of Reclamation Dam Police, Smithsonian Police, or Tribal Police? LOL

 

[forest4773]

Thanks for the help, please PM me if there is anything you can help me with privately. Is parole a realistic possibility? I am still terrified and fear the worst about all this. To date I haven't heard anything but as many have said it's still early. I was told by the one agent that getting help would "look good" but you bring up an interesting point of don't do anything that makes me look guilty so I don't know what to do. I feel like there is a lot of dirt on me and because of the subject matter I'm so screwed. I'm not a bad person.

 

[army judge]

Thanks for the help, please PM me if there is anything you can help me with privately. Is parole a realistic possibility? I am still terrified and fear the worst about all this. To date I haven't heard anything but as many have said it's still early. I was told by the one agent that getting help would "look good" but you bring up an interesting point of don't do anything that makes me look guilty so I don't know what to do. I feel like there is a lot of dirt on me and because of the subject matter I'm so screwed. I'm not a bad person.

No worries. How did you come to learn these agents were Homeland Security (it sounds so WWII, and Nazi-like).

Did someone send you packages from outside the USA?

What triggered their interest in you?

 

[forest4773]

I didn't know who they were until I saw the business card of the "special agent" (his actual title). When I was questioned, I didn't know who they were exactly. I am fairly sure they were partnering with other agencies but never got a look at their jackets or what cars were outside. There were probably five people in all. I don't want to post too much information here about it but I had been emailing one person and they took over his account. At this point I feel like the interview is going to screw me over.

 

[army judge]

I didn't know who they were until I saw the business card of the "special agent" (his actual title). When I was questioned, I didn't know who they were exactly. I am fairly sure they were partnering with other agencies but never got a look at their jackets or what cars were outside. There were probably five people in all. I don't want to post too much information here about it but I had been emailing one person and they took over his account. At this point I feel like the interview is going to screw me over.

Okay, I get the gist of it.

Yeah, probably a joint task force of some sort.

Nevertheless, they were feds.

So, if they indict you, it'll take the grand jury two or three months.

This is the holiday season, so that could increase to three to five months.

I suggest you visit three or four local lawyers that handle federal criminal matters.

You can initially meet them for free during the first consultation.

You'll have 15-20 minutes to get information on how the court (and the US Attorney) operates in your area.

Yeah, saying anything is never beneficial, except, "I want a lawyer. So, I respectfully decline to speak to you about this."

The lawyers can advise you further,a nd you wil learn some useful things about the court and US Attorney.

The good news is, if your record is clean, you could likely avoid any prison time.

You will likely get probation, assuming you're persecuted and eventually convicted.

So, hang on, you'll get through this relatively unscathed, comparing to doing prison time.