When a Case Takes a Wrong Turn
In this case, a client was accused and ultimately convicted of sexual exploitation of a child.
The situation began during a divorce. The client’s spouse contacted law enforcement, made domestic-related allegations, and suggested that police should examine his phone.
When investigators searched the phone:
- They found adult pornography
- They also claimed to have found 10 files containing child pornography
Based on this, the client was charged.
A Guilty Plea Despite Maintaining Innocence
The client consistently stated that he had never intentionally downloaded any illegal material. He explained that he had only been browsing adult websites.
However, his previous attorney advised him that:
- He had no chance at trial
- The evidence would be proven against him
- He should accept a plea deal
He ultimately pleaded guilty and was placed on probation.
Probation and Prison
The probation imposed in this case was sex offender probation, which carries strict requirements.
The client was unable to successfully complete probation, in part because he could not admit to conduct he maintained he did not commit.
As a result, his probation was revoked, and he was sentenced to three years in prison.
Reexamining the Evidence
After the client was sent to prison, his family reached out for help. At that point, a digital forensic expert was brought in to examine the phone.
The forensic analysis determined that:
- The client had never been in possession of child pornography
- The files identified by police were actually thumbnails or trace data
- These files were generated from browsing legal websites
- The client did not intentionally download, save, or access the material
- There was no evidence that he viewed the content
Presenting the Findings
The forensic findings were provided to the prosecution. After reviewing the evidence, the prosecutor agreed that the conviction was not supported. An unopposed petition to vacate the conviction was filed.
The Outcome
Within approximately three weeks, the client was released from prison. He walked out and reunited with his family.
Speak With Decker & Jones Law
If you or a loved one is facing serious criminal allegations or believes a conviction may be based on incorrect evidence, experienced legal representation is critical.
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