Question

What Are The Common Defenses To Child Pornography Or Sex Crime Charges In North Carolina?

Christian E. Dysart

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Christian E. Dysart

Located in Raleigh, NC
Dysart Willis

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Answer

The goal of our investigation is always to secure a dismissal of the charges, or a not guilty verdict. This typically requires an inquiry into the circumstances of the arrest and the police investigation that led to it. It also requires an investigation into how the evidence against you was gathered and whether or not there are noncriminal explanations for that evidence.

Where Are You Being Tried?

Possession or distribution of child pornography could land you in North Carolina state courts or in federal court. In fact, these cases can easily start in one venue, proceed for weeks or months, and then be shifted to the other venue. For this reason, it is important to prepare a defense that can work in either state or federal court. This requires experience in and knowledge of both systems.

Proper Procedure

One line of defenses depends on procedural mistakes made by the police or prosecutors. Was evidence gathered illegally? Was it handled according to accepted guidelines? Were all search warrants properly applied for? Were they executed correctly, within their specifications? Were your constitutional rights respected throughout the process?

Any deviation from proper procedure can lead to tainted evidence. If the evidence against you can be excluded from trial, the prosecution may be forced to dismiss the case.

Child Pornography Investigations

Investigations concerning child pornography differ from others in several ways. These investigations are generally open. Investigators get search warrants and look for evidence before anyone has been arrested. There are avenues of defense that can control the investigation and, potentially, avoid any arrest. If you are being investigated, the time to speak to an attorney is now. Do not wait until officers come for you.

The presence of illegal images or content on your phone, computer, other electronic device is often the basis for criminal charges. While the presence of these images can dictate prosecution, we do investigate whether anyone else had access to the device or the ability to place or access those images. Shared Wi-Fi or internet accounts, or other methods of access can leave an innocent person holding the bag. The question is whether law enforcement can prove that the accused person knew the images were on the device.

Other Sex Offenses

The defenses available to you depend on the specific charges. In some cases, the best defense is the consent of the alleged victim. Sex crime allegations have incredible power. Even an unsubstantiated allegation can destroy an individual or family. Evidence of consent or the understanding between the parties can be found in ways, including through social media posts and casual conversation.

Other defenses include misidentification and alibis that establish that you were not where the accuser suggested at the time of the crime. The right defense depends entirely on the specific circumstances of your case. In any case involving allegations of sex crimes, it's important to hire an attorney at the earliest possible stage to determine whether or not the state has sufficient evidence to convict you of these incredibly serious accusations.

A lawyer or law firm well-versed in handling cases like yours will be in the best position to identify any and all applicable defenses to the crimes you are accused of.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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