In Lafayette, the Obscenity law prevents sales, as well as the distribution of obscene materials to a large extent. The reason for the creation of obscenity laws is to control the level of obscenity in the present day. This is why some things are classified legally as indecent.
As an obscenity lawyer in Lafayette that understands and has handled numerous cases, Carl Barkemeyer knows that sometimes, the court may have issues distinguishing between what falls under the obscene laws.
It is common to feel that pornography falls under obscenity, and this is not the case every time.
Some pornography acts fall under obscenity, while others do not. The fact that we understand the laws of the region has made our legal team know how to handle the different obscenity cases.
The truth remains that every state in the US has laws against obscenity. When something is said to be obscene by the state or federal laws, carrying out such an act could lead to penalties. Both the producers and any other person involved in such a work that is censored may face penalties.
To help the legal system know what is obscene and what isn't, the U.S. Supreme Court created the Miller Test. This test was formulated in 1973. The test is made up of there aspects that have to be met before something can be said to be obscene. These aspects are also called the Three Prong Obscenity Test.
Do people feel that the entire piece of work is appealing to them?
Does the work show sexual conduct in an inappropriate manner based on state law?
Does the entire work have any scientific, artistic, literary or even political worth?
If any material that has pornography is distributed in a manner without solicitation, this could fall under obscenity.
As long as that material ticks the boxes of every aspect of the Miller Test, then it is obscene.
Immediately you are charged or arrested for obscenity, the first thing you should do is contact an obscenity lawyer in Lafayette.
Apart from the fact that you could be penalized by the courts if found guilty, there are a number of things that you may face.
It is no news that sexual crime is the one if the worst crimes to be linked to. Many people avoid those that are currently in court for sexual crimes.
Your image is ruined, and if care is not taken, your finances will dwindle. What do you do immediately you are arrested for a sexual crime? It is advisable that you contact an Obscenity lawyer in Lafayette. Carl Barkemeyer and his team understand how the system works, and can go a long way to ensure that your image is protected, to a large extent.
We manage what you say to the authorities when being questioned, and what to say to the media too.
Apart from that, we handle your defense, trying to prove that you had no idea that such obscene materials were in your possession.
Immediately people are arrested, they feel that the first thing that they should do is to plead their case with the arresting officers, trying to let them know why they are innocent. The truth may be that you are innocent, but do you know that you could worsen your situation by talking, instead of keeping mute?
This is why you are told of your rights to keep mute when you are arrested. Take that right and not blurt out more incriminating things that could seal the deal for the prosecutor.
Immediately you are arrested, what should you do? Contact us immediately. We will come to your rescue, and advise you on what to do based on the law and the circumstances surrounding your case.
Carl and His Team Handle The Interrogation
Instead of blurting out more things that could make it easier for the arresting officers to get you behind bars, we stop you from doing that. We talk to the authorities on your behalf and try to find out what they have against you. We see if any deal could be struck that could get you out of the mess.
Carl and His Team Build Up A Case For You
After that, we build up a case for you. We analyze the circumstances surrounding your case. Were you racially profiled? Do they have evidence against you or is it merely a case of hearsay? Are they fishing or have proof that could nail you? We try to find out these, and from what we gather, we build a case for you.
Carl and His Team Look At The Loopholes
Years of experience have taught one that there may be some loopholes in the case which could be used in your favor. We analyze if the search was carried with a warrant if there was the possible cause and so on.
How were you treated during the arrest? Were you read your rights or not? Is the evidence they have against you real or a figment of their imagination?
We put intense effort and time into helping our clients. Contact us today, let us work on your case.