What Happens if the FBI or Police Come and Seize Your Computers and Other Devices in a Child Pornography Investigation? Often, people are at home when the FBI and police arrive, knock on the door, and serve a search warrant.
They take their computer and all of their electronic devices, including their phone, ask them a bunch of questions about child pornography and downloading child pornography, and whose computer that is, and then they leave. They leave them, obviously, scared and unsure of what will happen next.
To give readers a better understanding of what happens when your computer is seized in relating to a child pornography investigation, our California sex crime attorneys provide an overview below.
Retain a Criminal Lawyer Immediately
In that scenario, it is advisable to consult an attorney as soon as possible. I handle many of these types of cases, and what we do is call the police. We determine who is in charge of the investigation.
Whether it's the FBI agents, Homeland Security, or a local police department in your area, I will also determine whether a prosecutor is involved in the case.
If it's a federal case, it will be an Assistant U.S. Attorney. If it's a state case, it'll usually be handled by the District Attorney's office, and we'll then try to determine a timeframe for how long it'll take them to investigate.
Whether they're investigating and decide whether or not you're going to be charged with child pornography, possession of child pornography, distributing child pornography, or any other crime related to the seizure, we will strategically make defense moves to help you.
I will act as a buffer between you and the police, so please refrain from answering any more questions that could potentially incriminate you. Then, it's often a waiting game, where the police have seized whatever they've taken and are having it analyzed by an expert who attempts to extract information from your computers, phones, tablets, or other devices.
Often, that takes time. It's not easy. Sometimes, they're unable to extract certain things. However, in my experience, most of the time, if they seize your computer, even if you've deleted something or have encryption on it, the experts they use will be able to access it and find the information.
An Expert Analyzes the Computer
I have seen, though, that people have smashed their computers, which can sometimes cause problems for them to access and extract the data, and then use it against you.
However, instead of waiting alone, you want to work with an attorney because they've extracted all the necessary information. Often, when I've been retained on these cases, I am called by the prosecutors, stating that they've already extracted all the information.
We're getting ready to indict your client. We would like to know whether you will cooperate or not. Most of the time, depending on the circumstances, we want to cooperate because we want to avoid having you taken into custody while we deal with the case and minimize any potential harm to you.
Suppose they've got the evidence against you, and they're going to be able to prove the case. In that case, we would like to coordinate with the prosecutor to ensure your release upon your initial appearance in federal court or to obtain the lowest possible bail if the case is filed in state court.
Potential Severe Legal Consequences
So, if you've got a case where the government has come in and seized your devices, you're looking at potentially going to prison, you're looking at sex registration and a whole host of other issues — you want to hire an attorney, right away.
Let that attorney work on your behalf so that you can end up with the best possible result in the case and stay out of custody if possible, and not have to spend thousands of dollars on bail — a lot of this can be coordinated by your attorney before a case is ever even filed, especially in the scenario where they're seizing child pornography and trying to use that against you.
Whether it will be prosecuted at the state or federal level will depend on a variety of factors, but the primary factor is the number of images and videos found.
The federal government has a threshold amount, and once you hit that threshold amount, they're going to deal with the case. If it doesn't meet their criteria, they will simply let the state handle the case.
Damage Control by Your Attorney
But having an attorney through the process, in my opinion, is crucial if you want to end up with the best result and try to do damage control as you move forward with your life in defending a child pornography possession case or distribution of child pornography. That definition of the distribution of child pornography is a comprehensive one.
So, often, they can charge you with that. Sometimes, you can even look at a mandatory minimum in custody depending on what is set and how your defense attorney handles the case.
So, suppose the FBI, Homeland Security, or any other government agencies come in and execute a search warrant at your home. In that case, you should consult an attorney immediately to begin protecting your rights, interests, and freedom.
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