Divorce & Family Law Attorneys | Wichita, Topeka, & Lawrence | Joseph, Hollander & Craft LLC.
Wichita Office: 316-262-9393
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Joseph, Hollander & Craft LLC - Wichita, Topeka, and Lawrence Attorneys

Computer Crimes

Computer Crimes Federal agents and local police frequently begin investigations by seizing home and business computers. Government forensic examiners then search the computers for incriminating evidence with programs like EnCase or Forensic Toolkit (FTK).

The amount of information that agents can find is mind-blowing. A file that was recently "deleted" can usually be found. Many times, examiners find years' worth of internet history, including search terms, websites visited, and images that automatically download to your hard drive. They often can determine what files were recently viewed or played. Documents found on a computer often show revisions made as well as a time-line of all changes. Deleted emails and online chats can be often be recovered.

Peer-to-peer software, such as Limewire, KaZaA, and Frostwire, has become tremendously popular. These software programs allow users to share files, including music, movies, and pictures. While they are a convenient and easy way to obtain free downloads, they come with tremendous risk. A large percentage of files are misnamed. Users often "select all" files for download. Because of this, users can inadvertently download illegal child pornography. The default settings on the software can cause users to unintentionally distribute these illegal files to other users. The result is exposure to prosecution for distribution of child pornography, a crime that carries a minimum sentence of five years in federal prison and triggers lifetime sex offender registration.

As soon as your home or business computer is seized, you need an attorney who knows computer forensics as well as the law on computer searches. A knowledgeable attorney may be able to prevent the search of your computer or limit the scope of the search.

Our attorneys teach seminars on computer forensics and computer searches. Some of our attorneys have been trained on EnCase and FTK. We know how to prevent a broad search of a computer hard drive. We can suppress evidence found during an improperly executed search. We can effectively cross-examine a government forensic examiner. We can identify defenses that an attorney unfamiliar with computer forensics will simply miss. We know how to successfully defend charges of possession and distribution of child pornography in Kansas.

You may have watched Dateline's "To Catch a Predator." Police have too. Police stings aimed at internet solicitation of minors have become common in Kansas. If you are arrested for electronic solicitation of a minor, you need an attorney who knows computer forensics. Our attorneys' knowledge of computer forensics enables them to ask the questions necessary to building an effective defense in your favor. Did police accurately preserve all communications? Usually not. Can the prosecutors properly authenticate and admit transcripts, emails, or other electronic data without a forensic examination? Often, they cannot. Did police go too far and create a crime where none would have otherwise existed? Usually. We know how to successfully defend charges of electronic solicitation of minors. We have obtained acquittal at trial, excluded evidence from trial, and convinced judges to impose sentences of probation. Some of these successes have been reported in the news.

Call our experienced and successful criminal defense attorneys to schedule a free consultation.

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