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Greenwood Law, in Winston-Salem, North Carolina, takes the defense of child pornography charges seriously. Through thorough and extensive investigations, we have been able to get serious charges dismissed or acquitted for clients charged with these offenses. Dylan works with the leading investigators and experts in the field and will use whatever resources necessary to prove your innocence.

Child pornography cases are largely based on computer-related evidence, the attorney you choose to represent you should be well-versed in interpreting computer data and should be able to recognize this data helping to prove your innocence. It is vitally important for lawyers to know how to use and analyze computer evidence and, more importantly, when to retain a computer forensics expert.

In North Carolina, child pornography cases are prosecuted under the sexual exploitation of children statute. Under federal law, prosecutions are based on either the receiving, possessing or distributing child pornography. This statute delivers a mandatory minimum prison sentence for receiving and distributing, but there is no mandatory minimum sentence for possession, leaving the government arbitrarily deciding who will be prosecuted for possession versus receipt.

Peer-To-Peer File-Sharing Programs

Peer-to-peer file-sharing programs such as Shareaza, Ares, BitTorrent and eMule allow access to a vast network of files in many child pornography charges. People use these programs to download pornography with the majority being legal adult pornography. There are occasions where someone accidentally downloads a file containing child pornography not realizing the file contains child porn until the file is viewed. Deleting the file keeps the site out of the person's view but it does not remove it from your hard drive. Leaving the person who has accidentally downloaded this file is still in possession of child pornography according to the law.

For proving the file was accidentally downloaded, it is critical to analyze this file and folder on the computer. Most of the time, we can obtain search terms used by our client to prove the download was done accidentally. In most cases, the police are not looking for this type of evidence during the investigation, making it vital for us to gather this evidence to prove our client's innocence.

Cache And Deleted Files In The State Of North Carolina

Every time someone views a website, the pictures and videos on that site are downloaded to cache files; or temporary internet files. All files are downloaded with no knowledge of the user and will remain on the user's computer for an extended period. These temporary files often lead to the unknowing possession of child pornography when someone accidentally views a video or picture.

Thumbs.db files are another kind of cache file; these are system cache files created by Windows and are the actual image file stored on the computer. They are stored without the user's knowledge and are usually hidden from view. Even if the image file is deleted from the computer, the thumbs.db file remains on the hard drive. This leaves the thumbs.db file containing the pictures or image from the file but at a lower resolution. Meaning, if someone accidentally clicks on an image of child pornography and immediately deletes it from the computer, the thumbs.db file, containing the image will remain on the hard drive. Usually, this is without the knowledge of the user.

Computer Forensics Experts

We stress the importance of utilizing a computer forensics expert. This expert can usually prove when a user accidentally downloaded or is unknowing in possession of child pornography. Forensic software allows the expert to retrieve data from the hard drive. This enables the defense to prove these files were unwanted and entered the computer accidentally. By locating search terms used, internet browsing data can show file properties that were downloaded or shared accidentally. This is crucial for proving innocence.

Putting Your Needs First

Facing charges for child pornography is a stressful, frightening experience. A skilled lawyer can take much of the anxiety out of the equation. We give our clients straight talk and strong advocacy. If you hire our law firm, you will know where you stand and that you have lawyers willing to go the extra mile for you!

Contact Our Law Firm Today

We accept all major credit cards. Contact Greenwood Law, today, online or by telephone, at 336-794-6138 to arrange a free consultation with a knowledgeable Winston-Salem and North Carolina criminal defense attorney.