Child Pornography Defense Attorney

Allegations of possession, receipt, or distribution of child pornography are incredibly severe. The best defense to these charges is to have a well-known, fearless, and highly effective Child Pornography Defense Attorney.

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Exaggerated, Embellished, and False Allegations of Child Pornography

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The prosecution of the receipt, possession, or distribution of child pornography is understandable and expected by federal and local law enforcement. Child pornography is also called Child Sexually Abusive Material (CSAM). 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, which can result in over-charging or over-punishing a defendant. There are even cases where government agents falsify incriminating or mitigating evidence. Prosecutors often consider convictions in these cases to be political currency that they can cash in later for promotions and political advancement. It takes a top, respected attorney to protect and defend a client needing an effective child pornography defense.

Even allegations, without formal charges, can devastate 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, they automatically share files and unintentionally and unknowingly distribute 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.”

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Prosecution, Charges, and Sentencing

Concerning 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 federal penalty in the United States District Court for a conviction can carry mandatory minimum sentences of between five (5) and 15 years. The penalty increases 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 financial gain
  • Distribution to another minor
  • Distribution to a minor with the intent to persuade the child to engage another child
  • 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 federal and state courts are only advisory and not mandatory. A convincing and skilled lawyer can persuade a judge not to impose incarceration or reduce a jail or prison term. In federal court, the sentencing guidelines require judges 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 significantly reduce the sentence that is ultimately imposed.

Pretrial Release and Bond

In federal court, judges generally set a bond at $10,000 personal recognizance (meaning no money has to be paid to the court) or a defendant detained without bond. In state courts, judges set bail that requires a cash deposit. Some state bonds can be as high as tens or hundreds of thousands of dollars. Many defendants end up stuck in jail awaiting trial or the resolution to their case. Those with highly skilled child pornography defense lawyers are 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 persuade them to establish a bond reasonably and with fair conditions.

Precharge Representation During a Child Pornography Investigation

Suppose you find yourself under investigation or accused of possessing child pornography but have not yet been formally charged. In that case, the steps you take during this critical period can profoundly impact the outcome of your case. Engaging a precharge criminal defense attorney specializing in child pornography defense is paramount. The pivotal role of precharge representation includes the following:

  • Immediate Legal Consultation: The moment you become aware of an investigation or accusation against you, it’s crucial to seek legal counsel. A precharge criminal defense attorney can offer invaluable advice, answer your pressing questions, and help you understand your rights and the potential consequences you may face. This initial consultation is the first step in formulating a defense strategy tailored to your situation.
  • Negotiating with Prosecutors and Law Enforcement: One of the key advantages of precharge representation is the opportunity to negotiate with prosecutors and law enforcement before charges are filed. An experienced attorney can engage in discussions on your behalf, aiming to reduce the severity of potential charges or, in some cases, prevent charges from being filed altogether. This proactive approach can significantly alter the trajectory of your case.
  • Voluntary Self-Surrender Strategy: In scenarios where charges become inevitable, your attorney can coordinate a voluntary self-surrender. This process, managed by your defense counsel, can help avoid the distress and embarrassment of a public arrest, demonstrating your willingness to cooperate with the legal process and potentially influencing the court’s perception of your character.
  • Mitigation Strategies: Your attorney may advise on immediate steps to mitigate the situation. For individuals accused of child pornography offenses, engaging in specialized sex offender therapy or counseling can demonstrate to prosecutors and the court your commitment to addressing the underlying issues. Such proactive measures, initiated before charges are filed, can be crucial to your defense strategy, potentially impacting sentencing or plea negotiations.
  • The Importance of Precharge Representation: The period before charges are formally filed is a critical window for taking action that can influence the outcome of your case. By securing precharge representation, you ensure that an experienced child pornography defense attorney guides you through this complex legal landscape. Your attorney’s expertise in navigating the intricacies of the law, coupled with a strategic approach to negotiation and mitigation, can provide you with the best possible defense during a child pornography investigation.

For those navigating the uncertainties of a child pornography investigation, remember that early intervention is critical. A precharge criminal defense attorney can offer the strategic guidance and representation needed to protect your rights, work towards a favorable outcome, and navigate this challenging period with dignity and legal expertise.

A Strong Child Pornography Defense

The child pornography Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has represented many falsely accused and culpable clients. In either case, a top child pornography defense attorney can help in various meaningful ways. For those individuals who are 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 seeks a favorable plea bargain or a 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,
  • unknowing possession (lack of knowledge)
  • constitutional violations (illegal search and seizure under the 4th Amendment),
  • actual innocence,
  • misidentification of the accused,
  • entrapment,
  • duress,
  • mental illness or psychological addiction,
  • the images are not a child or depictions of a child, and
  • insufficient proof.
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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 defending criminal allegations. We have won in court countless times at trial and through aggressive, effective use of motions to dismiss or suppress evidence on many different criminal charges in federal and state courts. Only the most experienced prosecutors 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 to help you through this challenging situation and treat you compassionately and with dignity. Call us today for a free consultation with an experienced Child Pornography Defense Attorney.

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 and, most importantly,
we are not afraid to win!

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