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 well-versed in federal crimes, particularly those related to mail offenses, I can provide comprehensive insights into the concepts discussed in the provided article. My understanding of the law is rooted in both theoretical knowledge and practical application, allowing me to convey information with authority and clarity.
The article delves into the legal implications of opening someone else's mail at the federal level. It correctly identifies the act as a crime known as "Obstruction of Correspondence," emphasizing that this offense can lead to serious consequences, including imprisonment. The information aligns with my expertise in federal criminal law.
The article highlights the significance of intent in proving the crime of Obstruction of Correspondence. This aligns with legal principles where intent often plays a crucial role in determining culpability. The article correctly asserts that if the act was accidental or if there was a reasonable belief that the mail belonged to the person opening it, it may not qualify as a criminal offense. This demonstrates a nuanced understanding of legal concepts related to criminal intent.
Furthermore, the article provides guidance on what individuals should do if they receive mail addressed to someone else. It rightly underscores that destroying or opening such mail is a federal crime and outlines the legal options available, such as delivering the mail to the correct addressee or marking it as undeliverable and returning it through outgoing mail. This information aligns with my knowledge of federal laws governing mail offenses.
The inclusion of the link to the U.S. Code and a legal dictionary as sources adds credibility to the information presented. The U.S. Code is the official compilation of federal laws, and referring to it reinforces the accuracy of the legal information provided.
In conclusion, the article effectively addresses the legal aspects of opening someone else's mail at the federal level. It accurately reflects the seriousness of the offense, the role of intent in determining guilt, and provides practical guidance for individuals facing such situations. If you find yourself charged with a federal mail crime, consulting with a qualified attorney, as mentioned in the article, is indeed a prudent course of action.
