Child pornography is a scary charge to be facing. Don’t panic. It’s time to understand what you’re up against and prepare yourself to fight. And, the best person to help you do that is a criminal defense attorney with experience defending Marylanders against child pornography charges.
- Modern child pornography cases are quickly evolving from analog to digital, requiring a depth of knowledge the average person (or defense attorney) may not have to navigate both the law and the case itself.
- The trial itself can intimidate and erode the defenses of all but the most experienced child porn attorneys.
- The consequences of a child pornography-related conviction are life-altering, to say the least. It’s not the time to go it alone in the court room.
What Child Pornography Cases Look Like Today
Child pornography-related charges mark very serious crimes, indeed. Maryland law enforcement is quick to crack down on those it believes have potentially harmed a child, directly or indirectly.
And, they’re cracking down more and more often. In fact, child pornography charges have reached historic levels all around the country, thanks to the internet.
Almost all child pornography cases now involve the use of an electronic device and the internet. Thanks to commonly available search engines, the “dark web” and file-sharing programs, it’s now distressingly common for an average internet user to become the target of a child pornography investigation.
These sophisticated programs and hackers can frame others as the “real” distributor of illegal material, letting them take the legal fall for their actions.
The internet has also led to a democratization of general pornography among the general public.
Constant exposure to free pornography may acclimatize viewers and require them to seek out more dramatic material. Rather than potential treatment of an outright mental disease of addiction, too many of those in law would seek to blindly punish, while legislation has yet to catch up with 21st century norms.
Finally, we’ve certainly seen how mobile devices have facilitated sexting between young people, leading to underage child pornography distribution charges. And, when those images go further than the person who originally took and sent them intended…
Well, they desperately need a criminal defense attorney who will not judge, but rather defend them to the fullest extent of the law possible.
Child Pornography Trials and Defenses in Federal and Maryland Courts
If you are facing an investigation and possible trial involving child pornography, you have a few defenses available to you.
However, before we outline possible trial defenses for child pornography, you should really talk to an experienced defense attorney as soon as possible. Only a licensed criminal defense lawyer with experience trying and winning child pornography cases would be able to say which defenses would be possible in any specific situation.
“Reasonable Doubt”
Everyone facing child pornography charges should understand that either the state or federal prosecutor has the burden of showing that you violated federal laws related to child pornography beyond a reasonable doubt.
Therefore, if your attorney introduces reasonable doubt, then you cannot legally be convicted on any charges.
How Specific Charges Impact Trial Progression
Possession and distribution of child pornography charges are each handled differently, and (usually) only by talented and experienced counsel ready to examine and cross-examine prosecutors before an open court.
Distribution charges can be harder to dispute if the prosecution believes that you, personally and intentionally, transmitted the material in question, and your computer wasn’t just hacked.
And, while ignorance of the law excuses no one, ignorance of whether the depicted individual was a minor may introduce a more nuanced view of the seemingly black-and-white situation.
Possession of child pornography charges presents other possible defense options, as well.
For example, it’s possible that the defendant wasn’t aware that they were downloading or looking at child pornography, as it was mixed into or otherwise hidden in legal media.
Since possession of adult pornography is legal, you may have accidentally looked at child pornography material, or mistakenly downloaded the material from a file-sharing website thinking it was a movie or TV show.
What if you share a computer with someone else, or bought the device second-hand? Sure, you “wiped” the memory when you got it, but files can stick around in the strangest places… putting you at risk of possible child pornography charges long after you acquired the machine.
Again, only an experienced criminal defense lawyer who’s tried and won child pornography cases would be able to say which defenses are viable in a given trial with specific judges and prosecutors.
If you’re ever accused, though, know that there is the possibility of a solid, strong defense, and that there are people who hold prosecutors’ work to the light of reason and doubt instead of taking the case verbatim.
Defend Against Child Pornography Convictions
Bluntly, the consequences of a child pornography conviction in Maryland can be devastating.
In fact, the Maryland legislature has amped up sentences and restrictions on convicted child pornography offenders.
If you are found guilty on child pornography charges just once, you’re subject to up to 10 years in prison and a fine of up to $25,000.
Any conviction after that, and you’re looking at doubling the sentence: Up to 20 years in prison and fines of up to $50,000.
Beyond these relatively straightforward sentences, Maryland law also requires you to register publicly as a sex offender – for years.
Maryland’s sex offender registry is used by the public and law enforcement as a means of exposing an individual to public scrutiny, under the guise of “keeping watch” for recidivism. The sex offender registry means job problems, housing issues, and complications in just about every other meaningful area of your life.
Keep in mind that there are other consequences that a court can assign. However, fines, jail time, and a sex registry are the main ones.
With consequences like these on the line, you can’t afford to take a risk on your defense. You get one shot to tell your side of the story, and criminal defense lawyers like the ones you’ll find at [nap_names id=”FIRM-NAME-1″] will champion your rights and your life in front of judge, jury, and prosecution, no matter what it takes.
If you’re worried about possible child porn charges, then schedule a free initial consultation with our criminal defense team. Our account executive will connect you with the best lawyer to speak to concerning your situation. Together, you can map out a strategy that will see you through this legal mess and out the other side.
