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Prohibition On Trace Device Use

February 18, 2025

Last Updated on: 16th March 2025, 11:35 pm

PROHIBITION ON TRACE DEVICE USE

We are Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek, and we are dedicated to helping you understand the consequences that you might face if you violate laws about trace devices. If you think you can ignore this issue, then you’re lying to yourself. This is serious, and it can result in life-changing penalties if you are not careful about it when it gets out of control legally.. We won’t tolerate excuses from anyone who believes they can simply brush this aside, and pretends this is a simple case. Our objective is to warn you about the realities of this issue, and to provide you with strategies that can protect your future.

WHAT IS A TRACE DEVICE?

A trace device that was created to monitor phone calls, text messages, or other forms of communication and it allows someone to gather data about who you’re contacting and when. If you install or use a trace device without legal permission, you could be breaking the law. That means you can face criminal charges for violating federal statutes that ban unauthorized use of surveillance tools. The consequence, if convicted, is that you might face time in federal prison, pay large fines, and live with a criminal record.

Think about the consequences: A criminal record that was earned by misusing trace devices can make your life very difficult. It can ruin job opportunities, limit housing options, and sometimes trigger immigration issues if you are not a citizen.

FEDERAL LAW ON TRACE DEVICES

Under 18 U.S.C. § 3121, it is typically illegal to install or use a pen register or trap and trace device without a proper court order. A pen register that was placed on someone’s phone can record outgoing numbers dialed, while a trap and trace device that was attached to a phone system can reveal incoming call information. Here’s the bottom line: This means the government wants to control who can legally monitor telephone communication, because unauthorized snooping threatens everyone’s privacy. The potential consequence for ignoring this rule is serious punishment, which can include federal charges and time in prison.

If you have questions about this law, you can visit the U.S. Department of Justice website, or review updates from official government resources. If you think you might be under investigation for violating these rules, do not sit back and hope it goes away. We are available 24/7 to discuss potential defenses, and we will fight to protect your rights.

WHY PEOPLE BREAK THIS LAW

Many people who get charged with illegally using a trace device did not plan to commit a federal crime. Sometimes, jealousy or curiosity leads to a situation where you want to see who is calling your partner, or you want to check on an employee you suspect of wrongdoing. You might feel justified. However, any device that was used in ways that violate federal privacy laws can result in an investigation starting. The consequence is a situation that might cost thousands of dollars, destroy your reputation, and leave you feeling completely overwhelmed by the legal system.

You need to hear this clearly: If you think you can hide your use of a trace device, you’re setting yourself up for failure. You are risking prison time, major fines, and a record that can follow you forever.

CRIMES, PENALTIES, AND PUNISHMENTS

Federal law enforcement that was charged with investigating unauthorized surveillance takes this crime seriously. If the prosecutor establishes that you used a trace device without approval, you could be charged with a felony. Felonies often lead to prison time, sometimes several years, and the long-term consequences can devastate your life.

Consider the potential aftermath:

  • Prison: A defendant who was convicted of a felony can lose months or years of their freedom.
  • Heavy Fines: Someone who was found guilty of violating federal surveillance statutes may need to pay tens of thousands of dollars or more.
  • Criminal Record: This can reduce your ability to get hired, affect your credit, and create enormous social stigma.
  • Immigration Risks: A non-citizen who was charged with a federal offense may face deportation or other immigration problems.

HOW SPODEK LAW GROUP CAN DEFEND YOU

If you are under investigation, or if you have already been charged, we can help you. Our team of criminal defense lawyers has over 50 years of combined experience, and we know how to find ways that can protect your rights. We think in systems and root causes, which means we do not rely on surface-level fixes. Instead, we dive into how the prosecution assembled its case, and we expose weaknesses that can get you better results.

A few of the defenses that might apply include, but are not limited to:

  • Lack of Intent: A device that was installed accidentally, or without criminal intent, which can create reasonable doubt about your guilt.
  • Invalid Warrant: If law enforcement that was investigating you did not follow procedures when gathering evidence, we can argue the evidence was illegally obtained. If that evidence gets thrown out, the consequence is a potentially weaker case against you.
  • Chain of Custody Issues: Agents who mishandle digital records or hardware can accidentally contaminate the evidence. That contamination can force the court to dismiss key parts of the government’s argument.

We focus on maximum impact: Our attorneys talk directly to prosecutors, we review every piece of evidence, and we fight aggressively in court if necessary. If we see that you are making excuses, we will call it out. That’s how we hold ourselves, and our clients, to a high standard of accountability.

WHY YOU NEED ACTION NOW

Waiting around will destroy your chances of winning the case. The government that was building its case against you will not slow down just because you are ignoring the problem at hand. Every hour you waste can be used by prosecutors to strengthen their evidence and lock in witnesses who will testify. The consequence is a case that is harder to beat, which can cost more money, more stress, and more uncertainty.

Here’s the truth: Many defendants who delay hiring a law firm end up pleading guilty or facing harsher penalties. That’s a direct result of not taking immediate action. If you want results, you must have a strong legal strategy. If you fail to do that, you are essentially giving up control of your life.

HOW WE PUSH YOU TO GET RESULTS

We do not baby our clients. We push you out of your comfort zone, so you can see the blind spots that might be ruining your defense. We design action plans, we identify what’s holding you back, and we demand that you follow the plan. If you’re not ready to give this fight your all, then you are not ready to work with us. Our approach is tough, but it works.

Ask yourself honestly: Are you prepared to make tough decisions to protect your future? Are you willing to accept personal responsibility and do what is required to win? If your answer is yes, we want to hear from you. We are here to provide legal guidance, but we need you to commit 100% to the process.

NEED HELP? CONTACT US 24/7

Our criminal defense lawyers handle cases nationwide, and we are available 24/7 to answer your questions. Because federal trace device charges can spiral out of control quickly, you need a team that was built for complex legal fights. Our roster of attorneys offers a blend of legal expertise, negotiation talent, and courtroom skill. We also have an online portal that was created to give you instant access to case information, billing, and private messages with our team. That means we can help you even if you are hundreds of miles away.

We believe, earnestly, that every single Spodek Law Group client deserves honesty and service. If your situation involves potential prison time, large fines, or both, then do not gamble on an untested or unprepared legal team. We have handled high-profile cases that others said were unwinnable, and we refuse to back down when our client’s future is on the line.

Question Answer
What is prohibited? Installing or using pen registers or trap and trace devices without a court order is banned by 18 U.S.C. § 3121.
Who enforces this? The federal government, through agencies like the FBI or DOJ, investigates and prosecutes these crimes.
What are the penalties? Prison sentences, heavy fines, permanent criminal records, and immigration issues may apply, depending on your circumstances.
How can we defend you? We look for mistakes in the government’s evidence, show lack of intent, or argue for dismissal if evidence was illegally obtained.
Why choose Spodek Law Group? We have 50+ years of combined experience, handle cases nationwide, and are unafraid to push for the best possible result.

 

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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