This is not the advertising that Thomas Lewis Edwards was looking for in placing the ad for his firm. Edwards, a DUI lawyer, had his recent mug shot posted next to his law firm advertisement. You guessed it: he was arrested for DUI.
Edwards is charged not only with DUI but hit and run. His smiling mug shot appeared on a local mug shot website that happened to be featuring his picture on an online banner ad for those featured on the page to secure counsel.
I would think the unexpected posting would only add some street creed for Edwards. Moreover, he could not have had greater access to his clientele before his arraignment. The problem will be any conviction, of course. Lawyers can retain their licenses after DUI convictions, often with suspensions or discipline. However, a hit-and-run is a much more serious matter for an officer of the court.
Source: Gawker
INTERPOL
http://www.interpol.int/Forms/Contact_INTERPOL
Criminal Resource Manual 1663 – Protection Of Public Records and Documents. “The taking of a public record or document is prohibited by 18 U.S.C. § 641.”
DOJ. Retrieved from http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01663.htm
18 USC § 1030 – Fraud and related activity in connection with computers
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains—
(C) information from any protected computer;
18 USC § 641 — Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof;
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—
18 USC § 1028A – Aggravated identity theft
Whoever, knowingly transfers (steals), possesses, or uses (website), without lawful authority, a means of identification (mugshots) of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
18 USC § 2319 — Criminal infringement of a copyright & 17 USC § 506 — Criminal offenses
For the purpose of commercial advantage (website) and private financial gain (money).
Governmental Prima Facie Evidence of name and likeness copyright:
State Certified Birth Certificate, State Driver’s License, Passport and other government documents and records “created” to identify and validate name and likeness.
18 USC § 2261A — Stalking
(2) with the intent—
(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or
(i) that person;
18 USC § 1584 – Sale into involuntary servitude
(a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both.
Internet Spyware (I-SPY) Prevention Act of 2007
“Intentionally obtains (steals/screen scraps), or transmits (internet) to another person information with the intent to defraud (unpublish/repair reputation).”
18 USC § 875 – Interstate communications
Transmits (internet) communication interstate (world wide web) with the intent to “injure reputation” to extort (unpublish/repair reputation).
18 USC § 873 — Blackmail
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.
18 USC § 1962 – Prohibited activities
(b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
18 USC § 880 – Receiving the proceeds of extortion
A person(s) who receives, possesses, conceals, or disposes of any blackmail (unpublish/repair reputation) money.
Bizarre Logic and Reasoning
If kidnappers called the ransom amount the returning person fee would it bedazzle the system again? Further, if the kidnappers rationalized their acts with the same logic would the system be mystified by them? Reasoning, they had to go through the hassle of kidnapping someone hence they are entitled to the returning person fee (Ransom Money).
If blackmailers called the extortion amount the unpublish/reputation repair fee would it bedazzle the system? Further, if the blackmailers rationalized their acts with the same logic would the system by mystified be them? Reasoning, they had to go through the hassle of stealing government property, identity theft, stalking people, holding people to involuntary servitude, injuring their reputation, blackmailing them hence they are entitled to an unpublish/reputation repair fee (Extortion Money).
the guy on the bottom row far right of the mugshots looks like he’d eat the breathalyzer.
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I recently checked into several of these mug shot companies for a client of mine who was attempting to have his removed. What I discovered was a highly profitable, and apparently legal, extortion racket. Mug shots in Florida and some other states are considered public records. Mug shot entrepreneurs collect the photos and post them on web sites. They are happy to remove them for payment of a fee of $100.00 to $150.00.
OK, I know I’m stuck on the pictures. But if he is able to keep his license after this, he really needs to see about having his mug shot put on the advertisements; it’s a much better picture! The professional one looks to smirkey (like haha I’m rich and you’re not)! He should probably get the cop to take a picture of his partner to use, too!
This is a law blog. A constitutional law blog. Maybe the guy was not drunk. Maybe he did not hit and run. My gosh, maybe he is not the guy or someone hit him and ran. It is Florida. Maybe they have Dont Have To Stand Ground on DUI Day.
first hand research.
Another Florida Lawyer DUI where the arrest report in the attached link is the funniest part of the crime, where his wife completely turns him in to the PD for DUI after he smashes into another vehicle and does not even go to help the person he mangled. No, this is not a lawyer Joke, real attorney Christopher C. Wheeler of Proskauer Rose and now GEO Prisons. Can’t make it up.
http://www.iviewit.tv/CompanyDocs/2005%2002%2005%20wheeler%20dui%20story%20BOCA%20NEWS.pdf
Talk about taking ambulance chasing to a whole new level
There are very shady companies that you can pay to have your booking photo removed from these internet publishings. It is I like an organized crime protection racket. A company sets up publishing photos and a shadow comapny is created that you pay to be taken off the site. Capitalism Gone Wild.
This is just totally hysterical. But WHAT is with that huge smile in the mugshot! ”Here’s what you can do so you can hire that good looking guy up at the top of the page! Isn’t life grand?”
It ALMOST looks like he’s trying to advertise his happy customers for himself! What a HOOT! (Hope he’s a partner!)
Looks like Mr. Edwards is going with the Tom Delay mugshot strategy.
Possibly one of the funny artifacts of automatic content based advertising. This is where the ad is served based upon the content of the website. So the name next to the mugshot might match the name and law firm of the defendant it makes for a more relevant ad, but it also makes for good humor such as this.
http://youtu.be/jvlEqAjg8aU
“When the going gets tough, you don’t want a criminal lawyer. You want a CRIM-I-NAL lawyer, ya know what I’m sayin'”
(From Gawker)
Who better to represent you that one that knows the system inside and out….
Strange.
I assume he has made some friendships along the way, leniency will be sought and granted. He’ll pay a fine (unless he is really good at what he does) and maybe attend treatment but go on helping other drunks avoid responsibility for attempted murder.