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Extradition in Cybercrime Cases

Cybercrime

For better or worse, the Internet enables you to communicate with almost anyone, regardless of geography. This means that online communication holds the possibility for friendship and expertise, as well as all kinds of trouble, including criminal charges. Jurisdiction in cases where the crime consisted entirely of online communication is rarely a simple matter. These criminal charges include drug trafficking conspiracy, online financial crimes such as wire fraud or money laundering conspiracy, or Internet sex crimes such as online solicitation of commercial sex or possession or distribution of child sexual abuse content. Internet criminal cases often go through federal courts, but another possibility is that state courts will prosecute the cases. This sometimes means that the state that conducts the investigation requests the extradition of the defendant from the state where he or she lives. 

If authorities in Texas or another state are accusing you of Internet sex crimes, contact a Texas sex crime attorney.

Online Solicitation of Minors Is a Crime in All 50 States

Online solicitation of a minor is a violation of federal law, as well as state laws in all 50 states. The crime of online solicitation occurs when an adult communicates with a person under the age of 18 by text message or online chat and tries to persuade the minor to meet him or her. It also occurs if the adult sends sexually explicit images to the minor or asks the minor to send such images. The charges also apply if the defendant believed that the other party to the communication was a minor, but the communication partner was actually an undercover police officer.

For example, in a recent case, a man from El Paso exchanged messages and images with a preteen girl in West Virginia, telling her that he was 17 and trying to make plans to meet her in person. He was arrested in Texas and extradited to West Virginia, where he eventually pleaded guilty.

Your Rights and Options If Another State Wants to Extradite You

If you are arrested in Texas on a warrant issued in another state, there are several ways the case can proceed. In most cases, Texas will want to detain you while it works out the details of the extradition with the other state. A Texas criminal defense lawyer can help you exercise your rights as long as you are in Texas. For example, you can request a writ of habeas corpus, which lets you challenge your detention in Texas since no one claims that you committed a crime here. You can also attempt to waive extradition. These options often require you to face the charges of your own accord in the requesting state. Whether you travel to the requesting state on your own or get extradited, you will need to hire a criminal defense lawyer in the destination state once you arrive there.

Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases

Dallas criminal defense lawyer can help you avoid a conviction if you are facing charges for Internet sex crimes. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.

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