bigsis
Member's Home Page
52 Posts
Member Since
29/04/2009 21:18:57
POST DATE
26/05/2009 08:40:02 |
welcome to the site , under terrible circumstances. It appears through many peoples situations the law is a law to themselves.
But in finding this site it shows that you are not alone.
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All truths are easy to understand once they are discovered; the point is to discover them.
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jane2452
89 Posts
Member Since
16/04/2009 02:42:47
POST DATE
26/05/2009 09:06:02 |
welcome markss, what a terrible time for you. I don't have any legal advice-hopefully Billy will, but I would say if you have a clear concience hold your head up high and don't hide away and give people the impression you have anything to hide. Do you have good support from family and friends?
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Live and let live
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admin
Member's Home Page
449 Posts
Member Since
08/04/2009 08:00:00
POST DATE
26/05/2009 12:35:57 |
Hi Markss,
Firstly welcome to the site all be it for unpleasant reasons and at this point I also have to refer to Jane's comment, while I can provide my opinion it is important to note that it should not be considered "legal advice" until I have qualified. Legal matters must and rightly so be addressed by those qualified as the caption above states. Having said that one of the sites aims is assist and to help ensure that people get the right legal representation, I do have sources on which I can draw to provide a considered opinion and to assist in finding proper legal assistance.
I'm afraid the situation you have found yourself in is somewhat of a minefield and it would be wrong to suggest anything other.
What is important to recognize in this instance is that while I am making absolutely no suggestion that there is such material on your equipment even accidentally by way of pop-ups or pop unders etc, that there is rightly a need to protect children from activities which result in these images being available in the first place. "Child porn" is a term I disagree with since the definition of porn is "creative activity (writing or pictures or films etc.) of no literary or artistic value other than to stimulate sexual desire", abuse of children is not a creative activity and the use of the word porn almost seeks to legitimize it. My opinion is that these wholly sickening images are by way being viewed/downloaded creating a market which in turn increases the instances of the activities portrayed which result in actual harm to children who can at no time ever be seen to be consenting in any way legal or otherwise.
It is with that in mind that the authorities do, and rightly so have the power to investigate and confiscate equipment they suspect contains any such material to properly investigate what is a serious crime. By that I do not merely mean the possession of such material but once found the material itself could reveal the identities of persons conducting these acts against children too.
Now, with reference to your post. It is not a crime to watch or possess pornographic material providing the people in it are of legal age and consenting participants, as far as I'm aware that is the case irrespective of sexual preference so providing there is no material referred to above I can't see where any charges could be brought. Thats not to say however they wouldn't be, it does happen. I suppose if there were pornographic material on the college laptop it could be suggested that the material was being made available to underage persons which is a crime but I think they would need to prove intent to do so.
In terms of your possessions, they will for the time being be considered productions and as your solicitor has rightly stated there really is nothing that can be done but I would suggest that this is merely an inconvenience. The important thing is that anyone who is innocent should be given the proper facilities to prove it.
Should charges result your solicitor can and should have the equipment analyzed by your own choice of expert but that can only occur once the investigation has reached the point whereby charges are either brought or not. Particularly if there was allegation of illegal material contained on any of them in case an expert could prove that they had appeared by way of pop ups etc rather than being deliberately sought.
At this time really it is a waiting game I'm afraid, should it progress beyond the apprehension of your equipment you really should ensure you have the best available defence.
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SandraLean
36 Posts
Member Since
27/04/2009 08:57:53
POST DATE
26/05/2009 15:32:50 |
Hello, Markss. I'm so sorry to hear about your circumstances - I'm afraid this absolute witch-hunt using computers and mobile phones as "evidence" is pretty much out of control.
To have obtained a warrant to raid your home and sieze equipment, especially with such specific terms, means they (are supposed to) have information which provides "reasonable suspicion" - officially they can't just go charging into people's houses and taking their possessions on a whim.
This raises a couple of possibilities. Someone has made a malicious allegation (on which the police are required to act) or communications from one of your computers have appeared somewhere to come to the attention of the police - this can, of course happen quite innocently - and the "link" could be very, very tenuous indeed, but that won't stop them acting on it.
Either way, this really is a total minefield. My advice would be to start sourcing a computer expert right now, so that if the worst comes to the worst and you have to defend yourself, you will have the right people from the off. I'm a complete techie-dummy, but I believe analysis of your computers would be a very in-depth process, and could take some time, so best be prepared. Also, you need to be "in charge" of the process - make sure you know at every step what is being said and done on your behalf - not all solicitors will do this as matter of course - some will expect you just to "trust" that they know what they are doing, but cases like yours require extremely specialist knowledge and experience.
Meantime, I'm really sorry there is nothing else I can suggest - the waiting must be agonising.
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kookeldegob
Member's Home Page
36 Posts
Member Since
04/06/2009 15:06:14
POST DATE
05/06/2009 14:08:37 |
Hello Markss,
Sorry to hear about this Mark.
In my case they arrested me first so you kind of understand it, but they were looking for an accomplice so they also raided my girlfriend's house and took her personal and work computers. As there is no accomplice she has gradually received her stuff back, but only after a lot of pressure was applied. The processes which they subject the computer's to seems to change settings and cause operating system problems.
I hope you are cleared soon.
I would have assumed that they have to make a charge within a certain period of time if they suspect you of anything.
Cheers,
Mike
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markss
Member's Home Page
1 Posts
Member Since
26/05/2009 08:18:55
POST DATE
06/08/2009 08:30:55 |
Thank you everyone for your comments and support. I have finaly got back on here hence delayed response. I have applied for a judicial review of the warrant through a top lawyer Mark Spragg which is ongoing. What I cant understand is the police have stated they have independant sources of evidence against me but I have not been questioned / charged. I have a good defence team ready and forensics company. I still remain adamant that this has been a big mistake and that some how my name has been linked to something. I am diarising things that I have concerns about with a couple of my email accounts which I think have been used by someone else. It is a horrible allegation to have over me I had 3 weeks off work for stress. The college are aware of things as I felt it was right to tell them.
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jane2452
89 Posts
Member Since
16/04/2009 02:42:47
POST DATE
06/08/2009 13:01:36 |
Welcome back Markss. I'm glad to hear you sound very organised and sensible. It's a horrible horrible experience for you and the only thing you can do is be prepared and hope you won't need it. As for the stress thats no surprise-you should take whatever time you need, I do hope you have very supportive collegues though that'll make a big difference
Sorry still playing with the new FONTS and stuff, Thanks for getting the forum back and running again Billy
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Live and let live
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admin
Member's Home Page
449 Posts
Member Since
08/04/2009 08:00:00
POST DATE
06/08/2009 14:13:37 |
jane2452 Said :-
Welcome back Markss. I'm glad to hear you sound very organised and sensible. It's a horrible horrible experience for you and the only thing you can do is be prepared and hope you won't need it. As for the stress thats no surprise-you should take whatever time you need, I do hope you have very supportive collegues though that'll make a big difference
Sorry still playing with the new FONTS and stuff, Thanks for getting the forum back and running again Billy "
No problem Jane, and glad you like the new features. It certainly does make it more interesting.
I share your sentiments for mark. Glad to see you back again and hope that the lengthy wait is a good sign.
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markss
Member's Home Page
1 Posts
Member Since
26/05/2009 08:18:55
POST DATE
06/08/2009 17:45:00 |
Hi guys thank you again and I must say thanks to the organiser of this website. It is so nice having people to confer with who understand the stress etc one goes through. My colleagues dont all know but 2 do and have been great.
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admin
Member's Home Page
449 Posts
Member Since
08/04/2009 08:00:00
POST DATE
06/08/2009 21:17:18 |
No problem Mark,
Thats what the site is here for. I think in this case as far as your work collegues go you're right to have only discussed it with a couple. Obviously there are those who need to know and those who don't. Apart from anything else, if this has all come about through some malicious allegation why give whoever is responsible the satisfaction?
Anyway, it's good to see you are prepared for whatever happens next.
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