A close examination of the computer and suspected child pornography resulted in the discovery that the pictures believed to be "illegal" were downloaded from a commercial adult website and the alleged "children" were adult models. An attorney with computer knowledge will examine a computer to determine whether illegal files were likely downloaded accidentally. Ultimately, you can shape the ability of your child to ward off threats and risks they will likely encounter growing up. The expert wrote a report showing the technical mistakes made by law enforcement, and how those mistakes impacted the Defendant's ability to establish a defense. When deposing the police officers who searched the Defendant's computer and found the illegal material, I discovered the "expert" did not follow procedures and protocol required by both federal and state law. Simply stated, the police officers did not follow the required technical procedures when searching for pornography on the Defendant's computer.





Although all law enforcement has different procedures for an initial search and seizure of a suspected computer, an experienced criminal defense attorney should ensure all procedures were followed properly. In all criminal cases involving a computer, it is likely that law enforcement will seize the computer and online sexcam chat subsequently perform a forensic search of the computer. Possession of pornography involving adults is not a crime. When a person is facing charges which involve "peer-to-peer" networks, such as Limewire, Kaza, etc., an attorney with technical knowledge can quickly look at a computer to determine whether the material may have been downloaded "accidentally." Restated, an experienced attorney can look at the manner files were downloaded onto a computer to determine whether a person was intentionally seeking illegal materials such as child pornography or whether the person accidentally downloaded child pornography. A detailed examination of the computer determined most of the illegal materials were downloaded onto the computer between 8:00 a.m.



Enhancements exist in Federal Court for every type of computer crime, not just possession of child pornography. In short, after considering all of the factors which impact a potential sentence, it is not uncommon for a person convicted of possession of child-pornography in Federal Court to have an average sentence somewhere between eight (8) and fifteen (15) years. The government must prove, beyond a reasonable doubt, a defendant knowingly possessed the illegal image(s) and/or video(s) and the person charged must have reason to know of its true content and character (e.g., that the material is illegal, etc.). Prepubescent Minors: If the materials found on a computer (e.g., pictures and/or movies, etc.) involve a "prepubescent minor" (e.g., a minor who had not attained the age of 12 years), an increase in the sentence is warranted. A substantial increase is warranted if there are movies and/or videos located on a computer. How are women supposed to know which kind of guy we are dealing with here?



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