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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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I am in desperate need of some advice! I have been accused

Resolved Question:

Hi,
I am in desperate need of some advice! I have been accused of downloading indecent images of children. Although I am 99% sure nothing will be found I need to think of the worse case scenario and think about my family. I have a baby due at the end of July and need to know the process the authorities take if I am found guilty. My partner is sticking by me through this and we live together and have done for 5 years. I have a squeaky clean record with no previous convictions and I have held down a full time job for 10 years. I have no history of drug or alcohol abuse and plenty of character witnesses too. Please get back to me with the process they take or a contact number of someone that can help. Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
I would like to know the process the authorities take with regards ***** ***** living with my family if I am convicted for this. I have no other children that live with me. Would I have to move out? Do they do am immediate assessment on me? Surely I have a Human right to have a normal family life.
Expert:  Jo C. replied 2 years ago.
It is not that simple I'm afriad.
There probably would be a disqualification order preventing you from working with children but that doesn't apply to family life.
The court could impose a SOPO preventing you from living with children although I'm not sure they would.
The bigger issue would be social services who may well become involved if they think the children are at risk.
I would concentrate on being acquitted. This is one of those offences that has a fairly disastrous affect upon people's lives.
Unless you have been downloading and viewing indecent material nothing should be found and if it is then it is always possible to put them to proof upon the level of the tracing.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
My criminal lawyer said That the courts tend to take the stance of guilty until proven innocent in these sorts of cases. If I have indecent pictures on my computer it will be because I have an open Remote Desktop setting so anyone can connect and use it from around the world as it is on 24/7 due to it also being a media server. If the worst happens and they find something and I plead not guilty and they find me guilty anyway I will surely get a worse outcome. Who can I contact from the social services to find out their process on decidin whether I can live with my family?
Expert:  Jo C. replied 2 years ago.
That is nonsense. At least, it might be true if you are going to accept trial by magistrates who do generally take that view always but if you are going to fight something it should be before a proper jury.
On no account contact social services. All that will do is remind them of your case. Your best hope is that they just don't notice you which might happen.
If tjere is scope for others to use your device due to an insecure connection then fhat is a useful point.
Customer: replied 2 years ago.
So I will then have to prove..through a computer expert that the files were downloaded whilst an outside connection was active? Or the fact I have an insecure network may be enough? I keep my computers very clean for performance due to having to stream media from my media server so therefore I am not sure the network logs will still be there! I don't want to fight for something and then be found guilty anyway because won't it be the case that if that happens I will get a worse outcome? It will need to be damage limitation.
Expert:  Jo C. replied 2 years ago.
It isn't for you to prove that. It is for the Crown to disprove it.
It is really an expert issue that isn't for you to worry about.
With insecure connections it is usually difficult for the Crown to get convictions.
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