Our client became the subject of a child sexual abuse material investigation after law enforcement executed a search warrant at his home and seized multiple electronic devices, including his cell phones and laptop. Detectives indicated they believed they had evidence supporting felony charges based on files allegedly associated with a cloud storage account and informed our client that criminal charges were likely forthcoming. As someone with no prior arrests or criminal convictions, our client faced the prospect of felony prosecution, incarceration, and mandatory sex offender registration.
Our firm was retained during the pre-charging stage and immediately began evaluating the legality of the investigation and the search. We thoroughly reviewed the warrant, the seizure of our client’s electronic devices, and the government’s handling of the digital evidence, identifying significant issues concerning compliance with the California Electronic Communications Privacy Act (CalECPA). We presented these legal concerns to the District Attorney while advocating against the filing of charges and emphasizing the evidentiary and constitutional issues raised by our investigation.
Through proactive pre-charging representation and strategic advocacy, no criminal charges were filed against our client during our representation. By addressing the legal deficiencies in the investigation before formal charges were brought, we helped our client avoid felony prosecution, incarceration, and the life-altering consequences of a sex crime prosecution.