While the prosecution will likely present what they believe to be strong evidence, a defense attorney can refute it and show why it should not be admitted. Likewise, if the prosecution does not have enough evidence to convict, that can also be used as a defense. If a person did not send unlawful mailing material, they or their attorney can collect evidence to support that argument. There are three main defenses used in cases involving allegations of unlawful mailing. Although it is a scary situation, it is important for those accused to remember that there are defenses available. It becomes more so once a person has been charged with an actual crime.
Fraudulent mail-order schemes or sending mail with the intent to fraudulently solicit payments for a product or serve that was falsely advertised.Sending mail pertaining to an illegal sweepstakes, lottery, or contest.Mail that looks like it was sent by the government, but was not.These most common offenses in the statute include: The statute is very broad in scope and outlines many different offenses a person may be charged with when preparing mail, sending mail, and even receiving mail. Depending on the circumstances of the offense and which agency is investigating the crime, charges of mail fraud may also apply.
If a person is found guilty of unlawful mailing and suspicious package, they may face both civil and criminal penalties. In certain cases, the Department of Justice (DOJ) may also get involved. This investigation typically includes the USPS and their branch of law enforcement, the United States Postal Inspection Service. When a person is suspected of committing one of the offenses stated in the statute, an investigation is conducted. This lengthy statute outlines a laundry list of offenses pertaining to sending mail through the United States Postal Services (USPS). The offense of unlawful mailing and suspicious packages is covered under 39 U.S.C. What Is Unlawful Mailing and Suspicious Packages? If you do mail any of those prohibited items, even by mistake, you can be charged with a federal offense. However, listening to this question and responding truthfully is important. Truthfully, most cannot even remember what the postal worker said. Most people immediately say the package does not contain any of those contents. One of those is whether or not the package contains anything that is flammable, toxic, or otherwise potentially dangerous. Anyone that has ever been to the post office to mail a package is familiar with the questions postal workers ask.
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