Pre-Charge Defense for Child Pornography Investigations

Early legal intervention can prevent charges and protect your future. Don’t wait for charges. Do something to help yourself immediately! We can help you.

Proactive Pre-Charge Defense, Mitigation, and Rehabilitation Can Be a Game Changer

When law enforcement begins investigating potential child pornography or child sexually abusive material (CSAM), the stakes are enormous. Even before formal charges are filed, your devices, privacy, and reputation face serious risk. If police or federal agents seized your phone, computer, or hard drive, you are already under investigation. Pre-charge Defense for Child Pornography gives you the best chance to protect your rights, control the damage, and possibly prevent charges before they happen.

Pre-charge Defense for Child Pornography means retaining a lawyer before prosecutors file charges. This stage offers the best opportunity to prevent criminal charges, control contact with investigators, and reduce potential exposure. Once charges are filed, there is no second chance to try to prevent them.

In Michigan, these cases often begin with search warrants, internet service provider (ISP) data, or undercover online operations. Agencies such as the Michigan State Police Internet Crimes Against Children (ICAC) Task Force and federal Homeland Security Investigations (HSI) units lead many of these investigations. They track online activity, execute search warrants, and seize digital evidence.

What To Do Immediately After Police Seize Your Devices

If police have already taken your devices or attempted to question you, assume the investigation is active. What you do next can make or break your defense and alter the course of your future, career, and freedom.

Take these immediate steps:

• Do not talk to law enforcement. Never speak with detectives or federal agents without counsel. Even casual conversations create risk. Investigators are trained to elicit statements that can be used against you later. Politely say, “I want a lawyer,” and stop talking. You must be clear and unequivocal to invoke your 6th Amendment right to counsel.

• Do not attempt to “explain.” You cannot talk your way out of an investigation. Once you start explaining, officers control the interpretation. What you meant as an innocent comment often becomes “an admission” in the police report. Law enforcement agents cannot be trusted; they are not seeking the truth, but rather are focused on building a case.

• Do not delete or destroy data. Deleting files, replacing devices, or reformatting drives makes things worse. It can lead to obstruction or evidence tampering charges. At the very least, the prosecutor will argue that deleting evidence shows a “guilty mind.” Law enforcement can almost always recover deleted data.

• Do not discuss the investigation with anyone else. Friends, relatives, and coworkers can be subpoenaed to testify about any oral or digital statements made to them. Texts or messages about the case will almost certainly become evidence. Only speak to your defense lawyer.

• Contact a Michigan pre-charge child pornography defense lawyer immediately. A seasoned attorney can take control of communications, protect you from questioning, and start building a defense strategy before it’s too late.

Why Pre-Charge Defense for Child Pornography Matters

The biggest mistake people make is waiting to see what happens. Unbelievably, some defense lawyers even recommend that their clients do nothing other than “wait to see what happens.” A pre-charge defense attorney will not only work to limit or prevent charges, but they will also stop their client from talking with police or volunteering evidence that may be used in the prosecution. Many people accused of a crime believe cooperation will help them. It rarely does. Once the police collect digital evidence and statements, the case typically moves forward.

Pre-charge representation provides a critical window to:

• Protect you from direct interrogation and prevent self-incrimination.
• Review search warrants for legal errors or overreach.
• Retain digital forensic experts to independently analyze seized devices.
• Gather favorable evidence while it still exists.
• Begin structured mitigation efforts that can influence a prosecutor or judge later.

In some cases, early intervention leads to reduced or avoided charges. At a minimum, early and proactive steps, such as obtaining a risk assessment, participating in sex-offender-specific therapy, and obtaining favorable witness statements, position you far better than if you wait until after an arrest.

How a Michigan Pre-Charge Defense Lawyer Protects You with Child Pornography Allegations

A skilled Michigan lawyer experienced in child pornography investigations does far more than tell you not to talk to police. Strategic pre-charge representation is proactive and protective. Here is what we do to protect and defend our clients on a pre-charge basis:

• Manage all communication with investigators – Your lawyer becomes the point of contact for detectives, task force members, and agents. This stops surprise visits, pressure interviews, or manipulated statements. All communication flows through your attorney, ensuring your rights are protected.

• Control how and when you surrender – If charges are likely, your lawyer can negotiate a voluntary surrender instead of a public arrest. Voluntary self-surrender at an arraignment often results in a lower bond, less embarrassment, and a more favorable first impression with the court.

• Challenge search warrants and digital evidence – In most child pornography investigations, prosecutors rely heavily on digital forensics. Your lawyer will review the search warrants, examine how investigators collected and analyzed the data, and work with independent experts to identify weaknesses. Early identification of these flaws allows your attorney to prepare suppression motions or negotiate from a position of strength if charges are filed. Examples include the following:

1. Overbroad or invalid search warrants
2. Shared or compromised devices
3. Malware or remote-access defense issues
4. Evidence contamination during forensic imaging

• Develop mitigation strategies – Some clients benefit from structured, confidential treatment or psychological evaluations guided by the defense team. When appropriate and carefully managed, these steps can show genuine effort toward rehabilitation and reduce exposure if the case proceeds. Your lawyer will ensure any steps taken are legally safe and strategically beneficial.

Common Mistakes That Destroy a Child Pornography Pre-charge Defense

Certain actions can instantly make a bad situation worse. Avoid these at all costs:

• Talking to investigators “to clear things up”
• Allowing voluntary searches of additional devices
• Trying to erase browsing history or files
• Ignoring signs of compulsive pornography use or addiction
• Waiting months, hoping the case disappears

Investigations rarely go away. Digital forensics can take time, but that delay gives your attorney room to act. Use the time you have before the prosecutor issues charges wisely.

State and Federal Child Pornography Investigations

In Michigan, child pornography investigations can lead to state or federal charges, depending on how law enforcement handles the case, the magnitude of the investigation, and the severity of the alleged violation. Understanding the distinction is vital.

State cases

Michigan’s child sexually abusive material statutes criminalize possession, distribution, and production involving anyone under 18. Convictions can result in prison, probation, mandatory sex offender registration, and restrictions on internet use. We represent clients throughout Michigan, including Oakland, Macomb, and Wayne Counties, as well as across the state in both district and circuit courts.

Federal cases

Federal prosecutions often involve larger quantities of material, file sharing, or online distribution across state lines. These cases fall under laws enforced by the U.S. Attorney’s Office, often through the FBI or Homeland Security Investigations. Federal child pornography possession, receipt, and distribution charges carry mandatory minimum prison terms and long supervision periods.

Our firm routinely defends clients in both state and federal systems. We strive to keep investigations in state court whenever possible, as penalties are often less severe and negotiation options are broader.

Frequently Asked Questions About Pre-Charge Defense for Child Pornography

What should I do if the police seize my computer but don’t arrest me?

You are under investigation. Do not speak with the police or agents, and refrain from attempting to recover your devices on your own. Contact a Michigan pre-charge defense lawyer immediately to take control of communication and review the legality of the search.

Can a lawyer really prevent child pornography charges?

Sometimes, a skilled and proactive child pornography defense lawyer can prevent or reduce charges. No ethical attorney can guarantee it, but a strong pre-charge defense can persuade a prosecutor not to authorize charges, reduce the number or severity of charges, or resolve the case quietly through alternative means.

Will hiring a lawyer make me look guilty?

No, hiring a lawyer early makes you look intelligent and serious about your defense. Prosecutors and judges expect you to retain counsel. Protecting yourself legally is a sign of responsibility, not guilt. Your silence and decision to seek representation cannot be used against you.

How long do child pornography investigations take?

It varies. Forensic analysis of devices can take months or longer, depending on lab backlogs and the complexity of the data. That delay gives your lawyer valuable time to build defense strategies and monitor the investigation’s progress.

Should I start therapy if I’m under investigation?

Therapy can be beneficial both personally and legally, but it must be handled correctly. Consult your lawyer before starting any treatment or evaluation. The right professional, chosen strategically, can support your case; the wrong one can hurt it. Some experts have credibility with the courts, while others are perceived as offering “opinions for purchase.” Having the right person can make all the difference.

What happens if police or agents show up again to talk?

Stay calm and remain respectful. Do not consent to law enforcement entering your home without a warrant. If agents enter without your consent, do not interfere, as resisting can result in additional charges, such as resisting and obstructing the police. If the search is unlawful, your attorney can challenge it and seek to suppress any evidence or dismiss the case. Give your name, refuse to answer questions, and clearly state that you want your lawyer present before speaking further. Then contact your attorney right away.

Michigan Pre-Charge Defense Lawyers for Child Pornography Investigations

A child pornography investigation can destroy your life long before formal charges are filed. Every decision you make now matters. Pre-charge Defense for Child Pornography gives you a narrow but powerful window to protect yourself, your family, and your future.

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience representing clients in pre-charge investigations across Michigan and in federal court. We take control of communication with law enforcement, analyze warrants and forensic evidence, coordinate with top digital experts, and develop targeted strategies to prevent or reduce charges.

If you believe you are under investigation or law enforcement has seized your devices, contact LEWIS & DICKSTEIN, P.L.L.C. immediately at (248) 263-6800. We offer confidential and nonjudgmental free consultations, and we act immediately and proactively to protect your rights. We defend clients throughout Michigan, including Oakland, Macomb, and Wayne Counties, as well as in federal court across the United States.

Your defense should start before the charges are filed. Call LEWIS & DICKSTEIN, P.L.L.C. today. We are not afraid to win!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
We Are Not Afraid to Win!