» Online Mugshots Do Not Mean The Individual Is Guilty As Charged

Online Mugshots Do Not Mean The Individual Is Guilty As Charged

Lakeland, FL (Law Firm Newswire) April 15, 2014 – Online mugshots may suggest to viewers that the person is guilty. This is not necessarily the case.

“Everyone who may be charged with a crime in the United States is innocent until proven guilty. There are a number of important statutes that uphold that right. Just because a person has been arrested and photographed and charged, does not automatically mean they are guilty. This is the reason for defense attorneys,” explains Thomas Grajek, a Lakeland criminal defense attorney.

Defense attorneys represent the other side of the coin, because it could well be that the person who “allegedly” committed a crime, did not actually commit it. Appearances may be deceiving and arresting someone and charging and prosecuting them for something they may not have done goes against all rational, fair reasoning. Without criminal defense lawyers, potentially innocent victims may be unjustly convicted and punished. Additionally, if an arrest results in a finding of adjudication of guilt withheld, this may also be removed from public records, with certain exceptions.

“Innocent until proven guilty is, admittedly, a complex concept and even if a person is eventually declared innocent, they still have a criminal record. Many in that situation want that record sealed or expunged. This may be done under the relevant law of the state they live in,” says Grajek. “You may contact me for information on this.”

Not all criminal charges may be expunged or sealed. Charges that may not be removed from a criminal record are some felonies and most misdemeanors. Additionally, sealing a record does not completely erase the existence of the file. It removes it from public view. Expungement removes an arrested’s criminal record from being a public record.

“Online mugshots, with information about an individual’s crime(s), are being exploited by others wanting money to remove the pictures and the description of their crime. There are numerous privacy loopholes involved with online mugshots and accessing public records, with the biggest one being an innocent person is hung out to dry because they were arrested,” Grajek outlines. “It needs to stop.”

Evidently Google realized this was an issue and when they adjusted their algorithms recently, mugshot sites were pushed to less prominent areas on search results.

Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
Phone: 863.688.4606


View Larger Map

  • Woman arrested for DUI while wearing a "Hello Kitty" costume. Drink responsibly and be safe this Halloween!
    Halloween is almost here and that means candy, costumes, and parties.  Remember to be safe and responsible.  There are a lot of children out on the streets Trick-or-Treating and drinking and driving at this time of year can be dangerous.  Already, on Sunday a woman in Maine was arrested while dressed as “Hello Kitty”.  She was stopped for allegedly driving in the wrong lane.  It was not clear whether the driver was wearing the Hello Kitty head pictured below found in the car:   The driver refused the breath test.  In Florida, the police are not allowed to request a […]
  • Bartow high school teacher arrested for drugs over the weekend. Was the search legal?
    Over the weekend, a Bartow high school teacher was arrested for possession of marijuana and paraphernalia (a grinder).  WFLA channel 8 is reporting that Polk County Sheriff deputies allegedly went to the teacher’s house in response to a tip that the teacher was in possession of the marijuana.  Once the deputies arrived, they alleged smelled the odor of marijuana and searched the house according to the news report. Because the arrest just occurred, I was not able to get a copy of the actual police report, but there appears to be some issues with this search and whether it was […]
  • If you have been arrested, the Florida Rules of Criminal Procedure require you to disclose certain evidence.
    If you have been arrested, one of the first things a criminal defense attorney does is file a “Demand for Discovery” and serve it on the prosecutor.  This helps prepare the defense of your case by requiring the prosecutor to turn over information and evidence to the defense lawyer.  This is an essential tool in the defense of a case because it lets the attorney and defendant know what they are up against, what defenses are available, and where the prosecutor’s evidence is lacking on an essential element of the crime.  However, once a defendant chooses to participate in Discovery, […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required