Child Pornography Defense Attorney
Allegations of possession, receipt or distribution of child pornography are incredibly serious. The State of Michigan and United States Government look to punish these offenses with serious prison time. The best defense to these charges is to have a well-known, fearless and highly effective Child Pornography Defense Attorney by your side every step of the way.
Exaggerated, Embellished and False Allegations of Child Pornography
The prosecution of the receipt, possession or distribution of child pornography is understandable and expected by federal and local law enforcement. However, the wholesale violation of an individual’s rights during an over-zealous investigation can result in exaggerated, embellished or even false allegations. Police, special agents and prosecutors often feel “the ends justify the means” during child pornography investigations and prosecutions and this can result in over-charging or over-punishing a defendant. There are even cases where government agents have falsified incriminating evidence or hidden mitigating evidence. Prosecutors often consider convictions in these types of cases to be political currency that can be cashed in at a later date for promotions and political advancement.
Even allegations, without formal charges, can be devastating to a person’s family, employment and reputation in the community. Upon a person’s first suspicion that there may be a criminal investigation regarding the possession, distribution or receipt of child pornography, the allegations must be taken very seriously and dealt with proactively by a child pornography defense attorney!
Child Pornography Investigations and Evidence
The forensic capability of law enforcement is staggering and the internet has ways of leaving digital breadcrumbs for investigators in ways many people can never imagine. Most child pornography is shared via peer-to-peer file sharing networks that federal and state law enforcement agents routinely scrutinize for criminal activity. Once a person is on these networks, he or she is automatically sharing files and therefore, distributing child pornography. Even when web browsers are set to “private” or hard drives are erased and recorded over, evidence virtually always remains and awaits discovery by law enforcement. In recent years, law enforcement has even become adept at investigating illicit internet traffic on the “dark web”.
Prosecution, Charges and Sentencing
With respect to child pornography, federal and state laws prohibit the following:
- Knowingly Transporting or Shipping Child Pornography
- Knowingly Receiving Child Pornography
- Knowingly Possessing Child Pornography
- Knowingly Distributing Child Pornography
The penalty in federal court for a conviction can carry mandatory minimum sentences of between 5 and 15 years. The penalty is increased where there is evidence that the material involved the following:
- A prepubescent minor who had not attained the age of 12 years
- Distribution for profit or pecuniary gain
- Distribution to another minor
- Distribution to a minor with the intent to persuade the minor to engage in other
- Over 10 images but fewer than 150
- At least 150 but fewer than 300
- At least 300 but fewer than 600
- More than 600
Although child pornography sentencing guidelines generally call for lengthy prison sentences, an extensive period of incarceration is NOT required. Sentencing guidelines in both federal and state court are only advisory and not mandatory. Mitigating arguments can be made which are highly effective and reducing jail or prison terms. In federal court, judges are instructed to impose sentences that are sufficient but not longer than necessary. The effectiveness of an allocution by a child pornography defense lawyer at sentencing can have a significant impact on reducing the sentence that is ultimately imposed.
Pretrial Release and Bond
In federal court, either bond is generally set at $10,000 personal or a defendant detained without bond. In state court, bonds can be set at amounts that are in the tens or hundreds of thousands of dollars. Where many defendants end up stuck in jail awaiting trial or the resolution to their case, clients of highly skilled defense lawyers are often released on a reasonable or personal bond. Although a judge or magistrate may be inclined to set a high bond, an effective defense lawyer may be able to persuade him or her to set a bond in a reasonable amount and with reasonable conditions.
A Strong Child Pornography Defense
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has represented many falsely accused clients and also clients who had legitimate culpability. In either case, a top child pornography defense attorney can help in a variety of meaningful ways. For those individuals who are wrongfully charged and innocent of these stinging allegations, a lawyer may have to fight at trial for an acquittal of all charges. The government will utilize its best, most experienced prosecutors to handle these trials and any lawyer who is not a top defense attorney will likely get steamrolled. The best chance of acquittal is with a great defense attorney who is not afraid to fight to protect their client’s rights.
In cases where there is legitimate evidence of guilt and the client is seeking to get either a favorable plea bargain or lenient sentence, a highly successful defense lawyer gives them their best hope. Child pornography law, sentencing guidelines and defenses are highly complex and a defense lawyer must know the ins and outs of these cases to obtain the most favorable result possible.
Defenses to child pornography charges can include temporary, innocent or accidental possession, constitutional violations, illegal search and seizure, actual innocence, entrapment, duress, mental illness and insufficient proof.
An Experienced Child Pornography Defense Attorney Can Help You
Each child pornography defense attorney with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience in defending criminal allegations. We have won in court countless times both at trial and through aggressive, effective use of motions to dismiss or suppress evidence on a multitude of different criminal charges in federal and state court. Only the most experienced prosecutors with high conviction records are assigned to handle child pornography cases. The defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have the knowledge, experience, tenacity and track record to provide the best possible defense!
Our clients range from old to young, blue collar to professionals. We are not here to judge you but rather to help you through this difficult situation and to treat you compassionately and with dignity. Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and an experienced Child Pornography Defense Attorney will promptly contact you.