Child Pornography Charges Are High Stakes

Child pornography cases are one of the fastest-growing areas of state and federal prosecutions in this country. The fact is, most law enforcement agencies that handle these matters rely on a “set procedure” and “script” when they attempt to gather evidence. That often includes making contact with you and your family at your home, workplace, or elsewhere. When they do, they mean business.

Your job at that point is not to discuss anything with them. Use your right to remain silent. They are there for one reason—to gather evidence. You will not be able to talk your way out of the situation at that very moment. Take a deep breath and call us.

At JC Law, we’ve been defending child pornography cases for 30 years on the state and federal levels. When your life, freedom, and livelihood are being threatened, you need a serious attorney and trial team.

Whether you have been accused, questioned, your phone and computer have been seized, or you have been arrested and are facing child pornography charges, you don’t have time to wait. Call us at (888) JCLaw-10 or send us an email to get a free criminal defense consultation.

Federal and state prosecutions for child pornography are a very “different” niche in the law. If you are being prosecuted or you have been notified of an investigation, please call counsel immediately. You need someone who is extremely experienced in this area of the law. There are countless pitfalls and potential impediments. Law enforcement, when investigating a matter will seek to put you in the general category of someone who is guilty. It takes a qualified eye and someone with experience to prevent the government from walking all over you.

• Federal and state distribution and/ or possession of child pornography: Many times child pornography cases begin at the state level and are referred to the Justice Department for prosecution. You could face a very high federal prison sentence based on the federal sentencing guidelines. When released potential lifetime supervision and registration as a sex offender could occur. Even if you have no prior criminal record the results could be devastating unless you are protected.
• Soliciting of a minor: State and federal law enforcement agents seek to entrap individuals while posing as a minor or someone looking for sex. There are countless forums online where this occurs. If you were involved in even a “minor” conversation online, it could lead to major consequences.
• Soliciting prostitution: One of the oldest crimes known as solicitation or “assignation” of a prostitute. First-time offenders usually do not face major jail time, but the embarrassment and other consequences can be devastating. We can help you obtain an outcome that can change the direction of many of these potential issues.
• Child sexual abuse and physical abuse: “Reasonable corporal punishment” under certain circumstances. The defense to most of these cases is that the “hitting or striking” was not done in an “angry” fashion, but merely for reasonable discipline. It’s a fine line, but the words you speak to a police officer or a detective can be fatal.

Keep your constitutionally granted legal rights while fighting accusations of child pornography possession and/or distribution with the help of one of the preeminent defense attorneys in Maryland, Virginia, Pennsylvania, and Washington, D.C. at JC Law.

Navigating the Labyrinth: Why Experience Matters in Child Pornography Cases

The digital age has opened up a world of information and connection, but it has also created avenues for exploitation and abuse. Child pornography cases, in particular, are a stark reminder of the dark underbelly of the internet. These cases are incredibly complex, fraught with legal and technical challenges, and carry devastating consequences. If you find yourself facing such accusations, understanding the landscape and securing experienced legal counsel is paramount.

The Digital Dragnet: How Child Pornography Cases Begin

The internet is constantly patrolled. Undercover detectives, both at the state and federal levels, actively seek out individuals involved in child pornography. They utilize sophisticated technology to monitor online activity across Maryland, Virginia, Pennsylvania, and DC, casting a wide net that can ensnare unsuspecting individuals.

One common pitfall lies in the use of “torrenting” or file-sharing sites. By participating in these networks, your computer becomes a potential source for the distribution of illegal images and videos. Law enforcement can download files directly from your hard drive, establishing potential evidence of possession and distribution. Even if you are unaware of the content being shared, the mere exposure of your computer to these sites can trigger an investigation, bringing with it significant financial burdens and irreparable damage to your reputation.

Once illicit content is identified on your computer, law enforcement will trace your IP address back to your physical location. A knock at your door, often in the early hours of the morning, signals the beginning of a legal battle that can profoundly alter your life. What’s more, detectives are highly skilled at eliciting consent for searches and statements. This is where the value of an experienced attorney becomes immediately apparent. Early intervention can prevent intrusive searches and ensure your rights are protected from the outset.

Building a Case: The Prosecutor’s Perspective

To secure a conviction in a child pornography case, prosecutors must prove beyond a reasonable doubt that you knowingly possessed, distributed, or received child pornography. They must also establish that the material in question is, in fact, child pornography and that it involves interstate commerce (for federal cases).

The prosecutor’s objective is to convince the jury that you had access to the computer and control over its activity, including the downloading, receiving, distributing, or viewing of the illicit content. They will meticulously analyze various factors to build their case, including:

• The number of videos and images found on your device
• The frequency of visits to relevant websites
• The nature and type of the content
• The age of the child or children depicted
• The presence of any email exchanges, chatroom involvement, or solicitation attempts
• The nature of any conversations with undercover officers

Law enforcement also utilizes cutting-edge technology, including apps and the “dark web,” to identify the origin and spread of child pornography.

Navigating the Charges: A Complex Legal Terrain

Individuals accused of child pornography often face charges of possession, distribution (or intent to distribute), and creation of child pornography. The level of prosecution, state or federal, hinges on whether the alleged act crossed state lines. Federal charges can arise from the physical transportation of digital storage devices, online distribution or storage on servers in another state, or conspiracy to create child pornography across state lines.

The Role of Experts and Polygraphs: Unveiling the Truth

In many cases, individuals claim they never intended to download or view the pornography in question. While polygraph tests can be beneficial in certain situations, their reliability is often questioned. This is when the strategic use of expert witnesses and other techniques becomes critical.

Computer experts, for example, can analyze download histories and internet activity to demonstrate whether the individual genuinely intended to download the illicit content. This is particularly relevant in cases where accidental downloads occur due to intrusive pop-ups and deceptive online practices.

The Severity of Penalties: Understanding the Stakes

The penalties for child pornography convictions are severe, ranging from lengthy prison sentences to mandatory registration on the sex offender registry. Federal convictions for distribution or receipt of child pornography carry a minimum sentence of five to twenty years for a first-time offense. State-level convictions in Maryland also carry devastating consequences, impacting both professional and personal life.

A Proactive Defense: Fighting for Your Future

If you are facing accusations of possessing or distributing child pornography, a skilled defense attorney will conduct a thorough investigation, assess the strength of the prosecution’s case, and provide an aggressive and knowledgeable defense on your behalf.

Attorneys will explore all possible avenues to weaken the prosecution’s case, including:

• Analyzing remote access histories to determine if others had access to your computer unbeknownst to you.
• Examining your search queries to identify any ambiguity or lack of intent.
• Working with computer experts to track download histories and other case facts.

Experienced attorneys are also adept at identifying instances where law enforcement oversteps its boundaries, violating your Fourth Amendment rights regarding search and seizure. By scrutinizing the search warrant and the manner in which it was executed, they can challenge the admissibility of evidence obtained illegally.

Ultimately, the goal is to prevent conviction and avoid the devastating consequences of mandatory registration on the sex offender registry.

Child pornography cases are intricate legal battles that demand the expertise of seasoned attorneys. Do not hesitate to seek a no-charge consultation with an experienced trial attorney to protect your rights and your future.

Get a Free Consultation Today

With over 30 years of experience helping people fight child porn accusations and all criminal charges, you’re in good hands with us. Call our office at (888) JCLaw-10 or send us an email to get started.