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GPS Tracking Your Spouse Could Land You In Jail

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Raleigh NC Criminal Defense Attorney

GPS Tracking Your Spouse Could Land You In Jail

Today’s technology, and the technologies coming in the future, have certainly had substantial effects on privacy. Parents are able to track their children through GPS and other tracking software, and if a husband or wife wants to track his/her spouse, he/she certainly has the tools available at his/her fingertips.

GPS Tracking Your Spouse Could Be Illegal | Raleigh Defense Attorney

As such, when the spouse or significant other is spending more time away, they are getting late-night calls or text messages, or you’re having a divorce and you want to find out if your spouse has been having an affair (or is hiding marital assets), you might feel like a little spying is the best way to satisfy your suspensions. Nevertheless, spying on your spouse, whether through GPS or other methods, could be illegal and it could land you in jail.

If you were arrested for spying on your spouse, or for any other domestic relations issues, you’ll need an experienced Raleigh domestic violence and criminal defense lawyer who can guide you through the legal process and vigorously defend your case in Raleigh or Wake County courts. For a free consultation with attorney Brinkley, call our Raleigh criminal defense law firm today at (919) 832-0307.

Possible Criminal Penalties for Spying

There are many tools cheaply and widely available today that were once reserved for intelligence operatives, and things like GPS tracking have become common among spouses, private investigators, and others. In many cases, all the spouse needs to do is attach a GPS device to his/her partner’s car, and then watch the partner’s movements.

Numerous states across the US, however, have strict “anti-spying” laws, where things like GPS tracking and even recording phone conversations can result in a misdemeanor or even a felony. This is especially true if the car (that has the GPS tracking device) is not owned by you or where the person has a reasonable expectation of privacy.

In North Carolina, using GPS tracking on your spouse could result in civil action, and you may be required to pay damages for:

  • Loss of consortium
  • Mental anguish
  • Humiliation
  • Damage to health due to stress and other factors

If you are found guilty of violating the Federal Wire Tapping Act, the very least that North Carolina courts can do is order you to stop the illegal spying acts. If you continue to violate the Federal Act, you could be subject to fines of $500 and you could be facing up to five years in prison.

Additionally, if you are found to be violating the North Carolina Electronic Surveillance Act, you could be looking at a Class H Felony.

Contact Criminal Defense Attorney Brinkley ASAP

The Federal Wire Tapping Act and the North Carolina Electronic Surveillance Act are most likely the two statues that Wake County courts will use to prosecute you. However, whether or not the GPS tracking is a violation of these laws depend on the unique circumstances of your case. As such, if you were charged with illegal spying, you need to contact your Raleigh criminal defense attorney as soon as possible. Although this is a complex area of law, attorney Dewey Brinkley fully understands federal and NC laws, and he can provide a vigorous, thorough criminal defense with the goal of proving your innocence, getting the charges dropped, or achieving reduced or alternative sentencing.

To speak with attorney Brinkley, call the Law Office of Dewey P. Brinkley today at (919) 832-0307. Free consultations are available.

Criminal Defense Attorney? Why I became one…

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When I was in law school in New Orleans, I had a formative experience with the Orleans Parish District Attorneys office in the summer of 2000. New Orleans is a colorful place full of colorful, flamboyant people from all kinds of backgrounds. It is also a city that is mired in poverty and during my law school years (1999-2002), crime was rampant. The police department was constantly under investigation for corruption or officers accused of wrongdoing. There were rows and rows of courtrooms in the old Orleans Parish Courthouse on Tulane Avenue and trials were constantly going on. You could peer into any of those courtrooms and see a young kid on trial for first degree murder over a Saints jacket, a crack rock, or for many other petty reasons. There would be no one in the courtroom besides court personnel, the jury, the Defendant, his lawyer, and the State’s attorney. In many ways, the criminal justice system in the Big Easy was teetering on the brink of collapse, with not enough money to fund public defenders, inadequate resources, and beyond human jail overcrowding. Amidst this maelstrom we were always allowed to order in lunch, usually fried oyster or shrimp po-boys, on the state of Louisiana’s dime if we were in the middle of a trial. It was a great experience for me in that the lawyers, both assistant district attorneys and the criminal defense bar, were a flashy bunch. Attorneys were allowed to move around the courtroom freely when questioning witnesses. Acting out the crime was commonplace during opening statements and summations. It was more like a theatrical performance.

I think out of that experience I associated a certain amount of romantic heroism with doing defense work. Part of it is just the challenge of it all. You walk into a courtroom with your client, usually in his ill-fitting dress shirt and non-matching tie, and everyone is against you—the assistant district attorney, the police, usually the Judge, most of the time the witnesses in the courtroom, and lots of times the jury in the box, at least at the beginning. So it’s an us against the world kind of feeling. That’s why I like the challenge.

To learn more about Raleigh’s leading criminal defense attorney, give us a call at 919-832-0307 or stop by the Law Office of Dewey P. Brinkley

What is Prayer for Judgment Continued and Do I Need to Ask for it?

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Many people who are charged with minor traffic tickets have heard the term “PJC” talked about, but don’t completely understand what it is or whether using it can help them or hurt them.

A PJC stands for prayer for judgment continued, a creation of law specific to North Carolina that is often used on traffic offenses and some other criminal offenses to avoid a conviction. In simple terms, asking a judge for a prayer for judgment continued means that you are pleading guilty to the offense, but are requesting that the Court suspend judgment in the case, thus avoiding a conviction. The judgment, and consequences therefrom in terms of driver license and insurance points, is continued indefinitely and thus driver license points and insurance points never accrue to the Defendant’s driving record. On criminal charges, the PJC is simply a way for the Defendant to avoid a conviction and punishment other than court costs, although the Defendant’s guilty plea is recorded along with a finding of guilt by the Court.

How Do I Know Whether to Ask for Prayer for Judgement Continued in My Case?

On traffic matters, only one PJC per household insurance policy may be granted every three years for insurance purposes.  It is always best to consult with a lawyer about whether asking the court to continue judgment is in your best interests. A first time speeder who has no prior moving violations or accidents during the last three years and who pleads responsible to speeding 10 mph or less over the speed limit does not need to use a PJC to avoid insurance points. Under certain circumstances, asking the court to continue judgment after a PJC has already been used on a prior offense can hurt your vehicle insurance rate.

Continue reading What is Prayer for Judgment Continued and Do I Need to Ask for it? →