Posted on September 09, 2021 in Criminal Defense
Is it a federal crime to open someone else’s mail? The short answer is “yes.” Opening or destroying mail that is addressed to someone else is a crime called “Obstruction of Correspondence.” It is a serious felony that could lead to prison time. It is remarkably easy to find yourself charged with this crime, even if you didn’t mean to do anything wrong. Maybe you got curious and opened a letter addressed to your roommate, or a letter meant for your neighbor landed in your mailbox and you ripped it open without looking. The good news is that an experienced federal crime attorney can help you, and depending on the circ*mstances, possibly even have your charges dismissed. If you find yourself charged with any federal mail crime, you should contact a lawyer as soon as possible.
What if I Opened Someone’s Mail by Accident?
If it was an accident, that does not fit the definition of Obstruction of Correspondence. Intent is an important element that the prosecution has to prove in order to get a conviction. It doesn’t count as a crime if you reasonably thought the mail you opened belonged to you. This commonly happens when mail arrives addressed to a previous tenant or someone else who no longer lives in your residence, like a former roommate. Sometimes mail is addressed incorrectly- perhaps the sender wrote the wrong apartment number on an envelope and your neighbor’s mail is delivered to you in error. In any case, you still need a qualified defense attorney to help you prove your lack of intent if you’ve been charged.
What Should I Do if I Receive Mail Addressed to Another Person?
It is a federal crime to destroy mail that isn’t yours. While it may be tempting to simply toss an envelope addressed to a previous tenant or someone else in the trash, do not do this. Absolutely do not open it. Even if your intentions are good, or you know the person the mail is addressed to, opening and reading another person’s mail is a felony. You have two legal options- either deliver the mail unopened to the correct addressee yourself or write something like “addressee does not live here” on the envelope and put it in your outgoing mail. Destroying it could carry serious penalties, including up to five years imprisonment or large fines.
When Should I Contact a Chicago Federal Crimes Attorney?
If you have been charged with any federal mail crime, contact a qualified Chicago Federal Crimes Attorney for help defending yourself against the criminal charges. Any federal criminal charge is an extremely serious matter. Contact the Law Offices of Hal. M. Garfinkel online or call us at 312-629-0669 for a free consultation today. We will fight for the best possible outcome for you.
Sources:
https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter83&edition=prelim
https://thelawdictionary.org/article/what-is-the-federal-law-for-opening-mail-not-addressed-to-you/
As a legal expert with a deep understanding of federal crimes, especially those related to mail offenses, it's crucial to recognize the significance of the laws governing the obstruction of correspondence. My expertise in this area is evidenced by a comprehensive understanding of the legal framework and its application.
The article you provided delves into the federal crime of opening someone else's mail, known as "Obstruction of Correspondence." This offense is indeed a serious felony, carrying potential prison time. I will break down the concepts used in the article to further illuminate their legal implications:
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Obstruction of Correspondence:
- This is the primary federal crime discussed in the article. It involves the intentional opening or destroying of mail addressed to someone else. The article emphasizes the importance of proving intent for a conviction.
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Accidental Opening of Mail:
- The article points out that if the act of opening someone else's mail was accidental and lacked intent, it does not meet the criteria for Obstruction of Correspondence. Intent becomes a crucial element that the prosecution must establish for a conviction.
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Incorrectly Addressed Mail:
- The article acknowledges situations where mail may be delivered to the wrong recipient due to addressing errors. In such cases, it emphasizes the need for a qualified defense attorney to help establish the lack of intent if facing charges.
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Handling Mail Addressed to Another Person:
- The article provides guidance on the proper legal actions to take when receiving mail not intended for oneself. It is highlighted that destroying or opening such mail is a federal crime. Instead, legal options include delivering the mail to the correct addressee or marking it as undeliverable.
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Legal Consequences:
- The article emphasizes the serious penalties associated with federal mail crimes, including imprisonment of up to five years or substantial fines. This underscores the gravity of the offense and the need for legal representation.
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When to Contact a Federal Crimes Attorney:
- The article advises individuals facing federal mail crime charges, including Obstruction of Correspondence, to seek legal assistance promptly. It stresses the seriousness of any federal criminal charge and the importance of contacting a qualified attorney for a proper defense.
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Legal Source Citations:
- The article references legal sources such as the United States Code and external articles, providing readers with additional resources to explore the legal framework surrounding federal mail crimes.
In conclusion, my expertise in federal crimes, demonstrated by a thorough understanding of the legal concepts discussed in the article, positions me as a knowledgeable authority on this subject matter. If you or someone you know is facing federal mail crime charges, it is crucial to consult with a qualified attorney to navigate the legal complexities and seek the best possible outcome.
