Child Pornography Defense Lawyer in Michigan

Child Pornography Defense Lawyer in Michigan – Perspective on the Law

Charges Involving Allegations Regarding Child Sexually Abusive Material are Extremely Serious and Require an Equally Serious Legal Defense. There is No Room for Error or Inexperience in the Defense of Federal or State Child Pornography Charges.

Child Pornography Defense Lawyer in Michigan – Perspective on the Law

Michigan Internet Crimes DefenseArguably, the seminal case involving child pornography laws in the United States, New York v. Ferber, stands for the position that the First Amendment does not prohibit states from creating and enforcing laws banning the sale of material depicting children engaged in sexual activity.  The United States Supreme Court ruled that child pornography may be banned without regard to whether this is a ruling that the sexually abusive material is “obscene.”  Defendant’s charged in state or federal court with charges related to alleged child pornography are best defended by a highly experienced, effective and zealous Child Pornography Defense Lawyer in Michigan.

The basis of the decision in Ferber was that the government has a compelling interest in protecting children from sexual exploitation and abuse and distribution of child pornography is intrinsically related to that abuse.  The court went on to rule that even depictions of children engaging in sexual activity may properly and constitutionally be banned.

Child Pornography Cases are Aggressively Prosecuted and Harshly Punished

Michigan_Attorney_Defending_RightsAny time there is a felony or misdemeanor charge, competent, experienced and effective legal representation is critical. The length of federal child pornography sentences has increased 500 percent in the last 15 years. There are cases where the mere type of allegation is so emotionally charged that prosecutors and United States Attorneys can lose perspective on the truth regarding an allegation. This lack of perspective can relate not just to whether the suspect or defendant is guilty but also regarding the existence of mitigating factors, the nature of the offense, or the degree to which the defendant is guilty. Similarly, judges when making rulings on motions or imposing sentence can become biased against a defendant because of the nature of the charges. It is the defense lawyer’s job to stand up to over-zealous prosecutors and also be highly effective in reigning in judges that are not being fair and just.

Possible Child Pornography Charges in State and Federal Court

Criminal Attorney MichiganThere are a multitude of charges related to child pornography or child abusive materials that are prosecuted in state and federal courts throughout Michigan and the United States. The determination of whether a case is prosecuted by a state prosecutor or the United States Attorney’s Office may depend on the law enforcement agency involved in the investigation, whether the case has national or international connections, the scale and scope of the offense and more. The penalties in all courts are extremely serious but often involve mandatory minimum sentences in federal court. Virtually all convictions of this type require the defendant to register as a sex offender upon being released from incarceration. A successful and effective Child Pornography Defense Lawyer in Michigan can be helpful in reducing or eliminating charges or helping a client avoid lengthy prison time.

Possible charges include:

  • Possession of Child Pornography
  • Possession – Second or Subsequent Offense
  • Receipt of Child Pornography
  • Distribution of Child Pornography
  • Manufacture of Child Pornography
  • Trafficking in Child Pornography
  • Criminal Sexual Conduct
  • Child Abuse

Penalties for a Child Pornography Conviction and Related Offenses

Michigan_Criminal_Defense AttorneyAny of the above listed offenses carries possible prison time and several of them carry mandatory minimum sentences between 5 and 15 years. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. Sentences in state court tend to be lower, lack a mandatory minimum and have lower sentencing guidelines. The exception of this being that with a Fourth Habitual Notice, the offender in Michigan may face the possibility of life. For receipt and distribution of child pornography in federal court, there are harsh mandatory minimum sentences that can increase drastically depending on the existence of prior convictions or the nature of the images received, manufactured, trafficked or distributed.

How a Top Child Pornography Defense Lawyer in Michigan Can Make the Difference

Michigan Criminal Defense AttorneysAll hope is not lost when an allegation is made involving the alleged receipt, possession or distribution of child pornography. There are various defenses that may be used in these cases that can result in the dismissal of charges or very favorable plea bargains when appropriate. The best time to hire a Michigan Child Pornography Defense Lawyer is during the investigation of the case and prior to charges, a complaint or an indictment. When hired on a pre-charge basis, a great lawyer can often take measures to control the damage and limit the client’s exposure to serious charges and a potentially lengthy prison sentence.

If you are already charged or indicted on federal or state child pornography related charges, it is not too late for us to help you. Each Child Pornography Defense Lawyer with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience in successfully defending all aspects of these cases. Whether we are attempting to get a case dismissed, evidence suppressed, charges reduced or a sentence reduced, we can be power advocates for you in and out of court.

If you are a suspect in any case related to child pornography or if you are charged with a felony of this type, do not hesitate to call us for a free consultation at (248) 263-6800 or complete a Request for Assistance Form and a highly experienced defense lawyer will promptly contact you. We can assure you that you will receive the highest possible level of legal representation and defense, you will not be judged or criticized and you will be treated with compassion and dignity.

When you think there is no hope, we can help you and we are not afraid to win! If you need a Child Pornography Defense Lawyer in Michigan, we can help you.

– LEWIS & DICKSTEIN, P.L.L.C.

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