This was a pre-charge sexual abuse case. The client was a teacher and two 11-year-old students alleged that the client touched their buttocks with his hand, rubbed his groin against their buttocks, pressed his groin against their hands, and told the girls that they had nice “boobs and butt.” The teacher admitted to the detective that had recorded videos of the girls doing gymnastics on his phone. The client consented to a download search of his phone.
We argued that any contact was accidental. Moreover, we also argued that the videos were perfectly legal since it is not a crime to have videos of fully clothed children doing non-sexual acts. We convinced the detective not to submit the case for felony prosecution. Once the detective agreed not to submit this for felony prosecution, we convinced the detective not to submit the case for any charges at all.