I don't think a lot of people realize how little you mean to the world once you're considered a criminal. You're less-than, damaged goods. I would absolutely be paranoid about anything voiding parole. He should drop all console stuff and hit the books, get a masters degree or occupational training. then revisit it AFTER he can afford a lawyer, whoever his lawyer was telling him to plead guilty... YE GODS WHY.
I think some people would call the first two a bonus, not a hindrance It's an interesting thread but you could also say that what PixelButts is doing is more of a 'warning to others' than anything else. I believe these are his intentions with this entire discussion, well that's how I've been reading it. I doubt he'll have that hard a time finding work - we're talking about handling a video game, not beating someone up. It's violent crime that tends to screw up a career path - and that's mostly what the police/employers are worried about. Just stay safe and don't put yourself in potentially risky situations just as Assembler suggests. People are forgetting that, while this may seem very heavy handed, games companies are bound by law to protect their IP's. It may well be that nobody cared about what he'd done but they had to push this through the courts all the same - These companies have investors and they could sue the developers for negligence - Not because they care about whether it leaked or not (well, up to a point...) - but because their investment has been devalued. I believe that's what has happened here - this doesn't look like a vendetta or 'make an example of him' scenario. Although, by posting here and warning others then he's done a good thing to make some sort of amends. Personally, I wouldn't have gone near the build in the first place, it was way too risky and you should have seen that - but I think others would have done the same (temptation can be a dangerous thing) so you're hardly alone in that regard. Just lay low, don't get paranoid, etc...
This part is entirely my fault. The "interview" with officers the day of is why. The transcript (which I have not read but I have seen how long it was) contained everything they wanted/needed to know. What I said sealed the deal so there was no way out. My honesty gets the best of me, even when I should not speak. Just last week I had gone in to a place I had filed an application for prior to this. They knew me well so even though they know me the person I would have an interview with (if at all) would just just do a background check and decide whether I'm worth the effort or not. While the person I spoke to is the person handling all the applications, they honestly said they didn't know whether it mattered in the end even if they put a word in for me. I cannot agree more with what you're saying, because any person I meet from here forward will see me as a problem more than anything whether they've known me for years or just introduced. I disagree greatly. A felony is a felony, but there are places I can work easily even with this on my record. I used to work at my local college to aid those in certain classes. Wasn't much money but it was a job like any other. Whether I can do that now I cant say, but there's a place somewhere if I look enough and get lucky enough. The problem here is WHAT charge it was. This wasn't violent, but as a company, many with things only for authorized individuals I am seen as a risk, whether it was video games or not. A knock at my door is already enough for me to get cold sweats, just today even this happened.
The only time I've been involved with anything like this it was a matter that wasn't my own doing I just happened to be collateral damage. No legal consequences to myself but various computers were taken from me that were only given back 4-5 years later...with dead components and were incredibly obsolete by then. That alone is enough of a PITA to deal with, can't imagine dealing with court and having to cough up money for a lawyer. Damn shame about the felony though, I know someone who had one and got it expunged after a few years.
After meeting with the probation officer I was given essentially all the info needed (at minimum) about what i'll have to do Monthly checkins at kiosks where a handprint and (minimum or greater) payment toward court fines is to be made (~4700 in fines total, 100 per month of probation, 36 months), serve my community service, and just stay out of trouble. Expunging may be an option later on but only once it drops to a misdemeanor in about a year or 2 On top of the bail and lawyer, its not cheap and it certainly is a pain in the ass (not including where the kiosks are located, which are few in numbers). Then add in setting up the appointments and such for other required things (dna is to be on record for any felon, was the fastest part of this whole thing but still required). Thankfully I'm on top of this for the time being, starting a part time job soon (to help pay for this, wont be all but will help) and getting my community service done first instead of waiting on it until the last possible timeframe to do it. As for my hardware that was taken, I expect it back as that was part of the agreement made in the courtroom, but as for when I dont know.
I'm not 100% privy to how the particular case that affected me went down in terms of our gear. Multiple computers were taken, a random HDD, an iPod, documents, and such. It was an embezzlement charge and their arguement for seizing it (despite the fact it clearly wasn't the guilty party's computer) was that they could've been purchased with the money stolen. There would be no absolute way to prove it either way if you think about it but I'd imagine they were more interested in looking for digital records (of which they would find none on my personal rig naturally). I remember speaking with the property division a few weeks later and while the woman was extremely nice she said she needed a court order to release anything. From what I've gathered (and I could be very, very wrong) the same woman worked to get the property returned because she knew it wasn't relevant to the case anymore and none of it was found to be actual, provable evidence. Took 4-5 years but I'd imagine if I had hired my own lawyer it would've been quicker. OTOH I went very broke replacing that computer at the time and it wasn't worth hiring a lawyer over. Hopefully you'll get it back soon but I'm guessing you'll need a lawyer to get your gear back if the judge didn't set a specific time frame.
Sounds like yours was much more of a headache even if it's not as direct as mine. The lawyer is working on the return of the property but when I can't say. They have to wipe the contraband from it before returning, so my assumption is it will take however long they decide to take for it since it was held as evidence. Chances are it wont be as long as your case, and it's by no means an expensive system (i5-4440, 750ti, 8gb ram, the usual budget parts) but I do expect it to be in good shape upon return but only because I'm a real piece of shit when it comes to damaging my stuff.
Watching some interrogation videos of investigators in the US. Most the time it seems like they try and manipulate suspects based on hunches. Which is probably why you said more than you needed to. Seems the authorities are far too heavy handed for a game which mostly gets forgotten in 2-3 months of release. There's stories about some Australian live feeded from his phone, the last boxing match. Foxtel are suing him for it. Taking advantage of the laws because they simply can...
I wouldn't even put this on them but more myself for being too honest at times. There's a very nice video that was sent to me after the visit of why you should not speak to law enforcement. You are correct, they do bend the rules as far as they can to get more and more on a person. If I had the 3 hour recording of what I said I would listen to it but its not really worth the effort. The lawyer had told me "It's incriminating to say the least." making emphasis on the 3 hour part. Here's the video in question if you're interested.
"don't talk to the police" = make their life very difficult = they'll throw the book at you. What's a judge/jury going to think of you if you stayed quiet the whole time? They only thing they'll infer is guilt. Also, it's very 'easy' to say 'don't talk to the police' but when you're in that situation (I have been, a couple of times) and believe me, you don't stand there thinking 'I'm not saying a damned word' - quite the opposite. They had the evidence against you - how would 'not talking to them' have changed your situation? (I'm certainly curious...) Nice to see you can knock the charge down to a misdemeanor after 2 years as well - so just lay low. Would that have been an option if it had been a violent crime? I doubt it.
IANAL, but a judge can't infer guilt in a criminal case, he needs undeniable proof. It's really not a good idea to be all chatty with police at first. If you're guilty, you should get a lawyer and try to cut a deal or prepare a deal at the trial. If you're innocent, you might just help them misquote you or twist what you said or find the little unconscious lies or misconceptions or errors. In trial you'll have to cooperate and tell the truth, unless you invoke the fifth amendment in the US, but in the investigation, it can't really help you. Bottom line, if you're ever caught in anything remotely grave, get a good lawyer before saying anything except that you want a lawyer.
Umm... you do realize if you only told people you had "computer stuff" that you shouldn't, and that the cops took your equipment, they probably think you're a kiddy fiddler? Far better to say you downloaded some games. I don't see the harm in being honest, even if you simplify. Yeah, it wasn't a good move... and there's a reason for the rules on new formats and things needing to be old. Devs care about prototypes because they've spent millions on it. Trivial though it may seem to be looking to play the latest games, as David Lightman found out, it gets you into big trouble. OK, his was with NORAD, but same deal. As for coming on forums and such, maybe speak to your solicitor and see what they advise?
I've warned about that too. And PB, I was referring to not talking openly about this thread in the SB...
Maybe he didn't realized that it has been moved to the super-secret-elitist-invitation-only-that-everyone-is-invited-to forum? With notifications on the new software, I don't browse categories near as much as before. In fact, I just realized now that it had been moved.
It started in off-topic/general IIRC, Kev moved it here when he saw it IIUC. I might be wrong though.
Initially started elsewhere. Was general iirc. I had asked that it be moved after Kev posted. Changing my habits takes time. I'm working on it though.
