In a recent prime-time interview on Univision, the most-watched Spanish-language network in America, Orlando-based criminal defense attorney and television legal analyst Jose Rivas offered his expertise on the contentious issue of publishing mug shots. The discussion, which reached millions of viewers across the country, focused on recent decisions by several Las Vegas area police departments to cease the practice of publishing mug shots, a move prompted by a landmark 9th Circuit Court of Appeals ruling.
The Catalyst: A Court Ruling Shakes Up Mug Shot Policies
“This ruling has sent shockwaves through law enforcement agencies across the western United States,” Rivas said. He believes that the case in question, where a man successfully sued Maricopa County, Arizona for posting his mug shot online after charges were dropped, will force a widespread reevaluation of longstanding practices regarding the publication of arrest photos.
Rivas emphasized that the court’s decision hinged on the potential for “actionable harm” and public humiliation of individuals who are presumed innocent until proven guilty. “It’s a significant shift in how we balance transparency with individual privacy rights,” he said.
The Debate Over Publishing Mug Shots: Public Right vs. Private Harm
When asked by the Univision host about arguments in favor of continuing to post-arrest photos on the internet, Rivas acknowledged the complexity of the issue. “On one hand, we have First Amendment advocates arguing that arrest photos are basic arrest information and should be publicly available,” he said. “They contend that publishing mug shots allows for accountability in law enforcement actions and keeps the public informed about potential threats in their community.”
However, Rivas also pointed out the potential for misuse of such information, a concern that resonates strongly with many. “In the digital age, an arrest photo can haunt someone for years, even if they’re ultimately cleared of any wrongdoing,” he said.
Rivas went on to explain how the practice of publishing mug shots can disproportionately affect certain communities. “For many persons of color, having an arrest photo published online can lead to unfair prejudice and discrimination, even if the person is never convicted of a crime,” he said. “This can affect job prospects, housing opportunities, and social relationships for years.”
The Future of Publishing Mug Shots: A Shifting Landscape
When asked about the potential long-term impacts of this policy shift, Rivas told Univision “This could be the beginning of a broader change in how we handle arrest information and the publishing of mug shots,” he said. “We might see more states and jurisdictions reevaluating their policies, especially as concerns about digital privacy and the long-term consequences of online information continue to grow. This could have significant implications for our community.”
Rivas predicted the debate over publishing mug shots would likely intensify in the coming years. “As more people become aware of the potential harm caused by having arrest photos freely available online, we may see a push for more restrictive laws regarding the publication of mug shots,” he said. “At the same time, we’ll need to balance these concerns with the public’s right to information and the principles of open government.”
Orlando Criminal Defense Attorney
Rivas noted the contrast between Nevada’s new mug shot policy and Florida mug shot laws, citing Volusia County Sheriff Mike Chitwood’s decision to publish a photograph and a “perp walk” video of an 11-year-old student accused of making a school shooting threat. Rivas said under Florida mug shot laws, you may request that your mug shot be removed from the internet.
If you need legal help, call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm. We’re here to help.
