Defending Those Charged With Child Pornography
State and federal investigators have increased efforts in cracking down on child pornography. In some cases, an investigator posing as a fellow user of child pornography enters a chat room to see if someone is interested in sharing photos or videos. Images have file markers attached to them that alert law enforcement when they are shared. The penalties for supplying, receiving, manufacturing or possessing child pornography can be significant.
However, there are defenses that can challenge evidence submitted by prosecutors, as well as extenuating circumstances that may be instrumental in reducing your sentence if you are convicted.
At GROSHEK LAW PA, our lawyers counsel and defend people who are facing criminal charges, including child pornography allegations. If you are unsure of your options, call us at 612-426-7047.
How Was Evidence Against You Obtained?
Depending on the evidence and case against you, the actions of investigators and law enforcement officers can have a major effect on the prosecution’s case. What was said in a chat room before illegal images were sent? Did an officer entrap a suspect? This is especially important in cases involving the online solicitation of a minor (chat room luring). If you received child pornography in an email, once you opened it, did you delete it or save the image? Did you solicit the email or was it sent to you without your asking via a file-sharing service?
Additionally, how a person is charged and how a search warrant is executed may also be issues. If there are multiple users of a computer, is there any way to establish that the accused was the person behind the keyboard when illegal images were received or sent? Did investigators gather other evidence that could implicate other people in a house or apartment? Is there evidence that a computer is infected with a virus or was used as a “zombie” when illegal images were received or sent from it?
Fighting Child Pornography Charges And Allegations
At GROSHEK LAW PA, each client is viewed as an individual, not a legal problem. You have rights, and we are here to protect them. Our lawyers work with forensic computer experts to analyze every facet of your case and defense.
Sentencing — Considering Extenuating Circumstances
Investigators often take months to amass evidence before charging a suspect. In child pornography and other internet sex crime cases, if the evidence is overwhelming and a conviction results, the judge may be willing to take certain factors into consideration during the sentencing phase of a trial.
As your attorney, Christa Groshek consults with psychologists, counselors and other professionals when a history of abuse, addiction or mental illness is involved. While any one of these is usually not enough to dismiss the charges against you, if you haven’t manufactured child pornography and don’t have a criminal record, your sentence may be less severe when the judge takes these factors into account.
If you’ve been charged with possessing or distributing child pornography, call us today at 612-426-7047 to schedule a confidential consultation to discuss your case. You may also email us.