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Prosecutors limited when litigating alleged sex crimes

If a person in Wisconsin is arrested and charged with sex-related offenses, this does not mean prosecutors have free rein in court. There are limitations regarding what types of evidence may be submitted in situations where allegations of child pornography or other sex crimes are concerned. A defendant who seeks clarification of the law before going to court may have a better chance of obtaining a positive outcome.

A local police department recently hosted a citizens’ academy course that was meant to teach people about internet crimes and child pornography. One instructor stressed  that there is no specific profile regarding those who upload pornographic pictures of children to their personal computers or commit crimes against children. Police officers can’t go around arresting and charging people merely because they seem to fit a particular profile.

People have rights. If a police officer arrives at someone’s home and wants to gain entry in order to search the premises or access personal files on a computer, he or she is required to obtain the appropriate authoritative permission first. Even if a warrant is served, a person accused of child pornography has a right to challenge evidence in court if it is believed officers violated personal rights in the process of any search or seizure that may have taken place.

One of the first things a person can do if named in a sex crimes investigation in Wisconsin is ask for assistance from a criminal defense attorney. One need not wait until an arrest has been made or charges filed to do so. Avoiding conviction and staying out of prison is often more easily accomplished when acting alongside advisement from a skilled attorney.

Source:, “Target 2 on Assignment: Internet Crime from Behind the Badge”, Andrea Hay, Nov. 16, 2016

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