ARTICLE: The Plight of Indigent Defendants in a Computer-Based Age: Maintaining the Adversarial System by Granting Indigent Defendants Access to Computer Experts Skip over navigation
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Copyright (c) 2011 Virginia Journal of Law and Technology
Virginia Journal of Law and Technology

ARTICLE: The Plight of Indigent Defendants in a Computer-Based Age: Maintaining the Adversarial System by Granting Indigent Defendants Access to Computer Experts

Fall, 2011

Virginia Journal of Law and Technology

16 Va. J.L. & Tech. 400

Author

THEODORE J. GREELEY +

Excerpt

I. INTRODUCTION

This is a nightmare. It has to be. I was just minding my own business and now, this. I had a life. How did this happen? My computer is necessary to my life: sometimes, I wonder how I lived without one not that long ago.

A year ago, I was using my computer. It was working slowly, but what computer doesn't? I hit a key; there was a beep and then the blue screen of death. It took a long time to get the computer to restart. Thereafter, the computer continued to run poorly, continually returning to the blue screen of death. I took the computer to get fixed. I explained the problem; the computer guy said he would see what he could do. A week later, I called about my computer and was told on the phone that it might be a few days.

That night the police came to my home with a warrant for my arrest. I asked what I was being arrested for and I was told, "Possession of child pornography." "What?" I exclaimed. I kept telling them I didn't do it. I couldn't afford to hire an attorney, so one was appointed. The lawyer explained what had happened: when I turned in my computer to be fixed the repair guys found some child porn, reported it to the police, and the police reported it to the FBI.

I was being charged federally. My attorney advised me to plead guilty, but I wasn't ...
 
 
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