There Must Be Evidence of a Connection Between Possession of Child Pornography Charges and the Defendant in Order for a Conviction to be Upheld.
There must be a connection between the possession of child pornography charges and the defendant. The mere fact that the child pornography is on the defendant’s computer is not enough to convict. There must be evidence that the defendant knew the information was actually on the computer. In United States v Lowe, 795 F3d 519 (6th Cir. 2015), the 6th Circuit Court of Appeals determined that just because the defendant’s computer’s sole user name was a form of defendant’s name and the computer belonged to the defendant was not enough to convict him. This is because defendant’s wife and a minor relative also lived in the home and both knew the user name and used the computer. There was no direct connection between the defendant and the pornography. This is an example of a good decision by the 6th Circuit Court of Appeals. The court is making law enforcement show a connection between the alleged bad act and the person charged. It is unfortunate that all court’s are not this well reasoned. Also, it is concerning that the trial court/jury convicted Mr. Lowe in the first place. This is exactly why you need to have great legal representation of you are facing a criminal charge, especially possession of child pornography charges.
Lewis & Dickstein, P.L.L.C. is Michigan’s Premier Criminal Defense Law Firm
There are many criminal defense lawyers in Michigan. It is rare to find an attorney who is an actual specialist in the area of the criminal law. It is more common to find the attorney who practices in many different areas of law. Because of practicing in many different areas of law, these attorneys are unable to become specialists. There is just not enough hours in the day to be proficient in multiple areas of the law. As an example, if you needed heart surgery would you go to a doctor that did heart surgeries and was a general practitioner? Of course not. You would want the heart surgeon. It is the same idea with criminal lawyers. Your freedom is at stake. Your reputation is at stake. Your family is at stake. Your livelihood is at stake. What more needs to be said to convince you that a criminal law specialist is the only way to go?
The law firm of LEWIS & DICKSTEIN, P.L.L.C. are criminal law specialists. Defending people charged with, or about to be charged with, criminal offenses is all the firm’s lawyers do and we regularly represent clients on Possession of Child Pornography Charges in both state and federal court. As a result its lawyers can take the time to be up to date and current with the law and the latest trends in the law. The firm’s attorneys are cutting edge practitioners. Several of its lawyers have served in judicial capacities and are regularly called on to speak at educational events involving other lawyers. The lawyers at LEWIS & DICKSTEIN, P.L.L.C. have made the criminal law the focus of their legal careers. It is a passion for them. LEWIS & DICKSTEIN, P.L.L.C. is the “go to” firm when other lawyers have questions or need help. LEWIS & DICKSTEIN, P.L.L.C. should be that for you too. If you, or someone you know, is facing criminal law problems contact the criminal law specialists at LEWIS & DICKSTEIN, P.L.L.C.. The firm’s number is (248) 263-6800 or complete a Request for Assistance Form and one of our attorneys will call you. We look forward to helping you.