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Protecting Your Rights Against Child Pornography Charges

Many people who are arrested on child pornography charges are caught in a trap laid by state and federal task forces. The accusations often come from a cooperating witness who has been caught with child pornography on his or her computer. If you are under investigation for possession or emailing of child pornography, call Murphy & Price, LLP, at 410-862-0351 for a free initial consultation.

Need Legal Help? Contact Murphy & Price, LLP at (410) 862-0351 for a free, confidential consultation today.

Common Defenses Against Child Pornography Charges

If you’re facing child pornography charges, there are several potential defenses that can be used to challenge the case against you. These include:

• Mistaken Identity: In some cases, individuals are falsely identified as possessing or distributing child pornography due to errors in digital tracking or misinterpretation of evidence.
• Lack of Knowledge: A common defense is that the accused didn’t knowingly possess or distribute child pornography. For example, someone might argue that they unknowingly downloaded illegal content or that the files were on their device without their knowledge.
• Illegal Search and Seizure: If law enforcement officers did not follow proper legal procedures to obtain a search warrant or violate your rights during the search, evidence obtained in that manner might be inadmissible in court.
• Involuntary Access: Sometimes, individuals can be accused due to viruses or malware that automatically downloaded illicit content to their devices without the person’s knowledge.

Having an experienced lawyer to assess your situation is crucial, as they can evaluate all potential defenses and determine the best strategy for your case.

How Child Pornography Charges Impact Your Reputation

Being charged with child pornography can have devastating effects on your reputation in multiple aspects of life:

• Personal Relationships: Accusations like these can create significant strain with family members, friends, and loved ones, as they may be concerned or embarrassed by the allegations.
• Professional Life: Many employers conduct background checks, and a child pornography charge can severely impact your job prospects. If you work with children, you may lose your position and find it difficult to secure new employment.
• Social Stigma: Even if you’re not convicted, the stigma associated with child pornography charges can linger. You may face public judgment, online harassment, or social isolation.

A criminal conviction for child pornography can have long-lasting effects, making it vital to fight the charges with the help of an experienced defense attorney.

How to Protect Yourself from False Accusations

To protect yourself from being falsely accused of child pornography, consider these practical steps:

• Secure Your Devices: Regularly update passwords and security settings on your computers, phones, and other devices. Consider using encryption tools to protect sensitive data.
• Monitor Online Activity: Avoid visiting suspicious websites or downloading files from untrusted sources. Be cautious about interacting with unknown people online.
• Use Antivirus Software: Install and update antivirus software to help prevent malware or viruses that could download illegal content onto your device without your knowledge.
• Be Mindful of Shared Devices: If you share devices with others, be aware that someone else could misuse your device to access illegal content. Always log out of accounts and clear browsing history when done.
• Know Your Rights: If you are ever contacted by law enforcement, don’t engage in conversations without consulting an attorney. Never consent to a search or interrogation without legal representation.

By taking these precautions, you can help safeguard yourself against potential false accusations.

How Our Annapolis Lawyers Can Assist You

At Murphy & Price, LLP, our criminal defense lawyers share more than 20 years of experience prosecuting and defending people charged with Internet sex crimes involving child pornography. Most Internet child pornography is transferred through email. If law enforcement officers seize the computer of someone who has forwarded child pornography, they can figure out who the images have been forwarded to. They can then get a search warrant and seize the computer containing the forwarded images.

Understanding the Admissibility of Evidence in Your Case

The admissibility of child pornography images as evidence in your case will depend on whether the investigators had a legal warrant to search for and seize the evidence. If the police had no probable cause for obtaining the search warrant, your lawyer may be able to get the pornographic images suppressed as evidence.

If you are under investigation for possession of child pornography, one of the most important things you can do is to talk to an attorney before you talk to the police. You should never confess to the crime until a lawyer has had the opportunity to review the evidence against you.

Child Pornography's Link to Child Sex Abuse

The federal government has made enforcement of child pornography laws a priority, as the crime is viewed as a fuel for child sex abuse. If investigators find child pornography on your computer, they will try to use it as evidence that you have a propensity to commit child sex abuse. However, this evidence is not admissible in certain jurisdictions.

Potential Penalties for Child Pornography Offenses

Depending on the circumstances, mandatory prison sentences may apply to possession of child pornography. If the prosecutor has a strong case, one of the most important things an attorney can do is to explore what can be done through the plea-bargaining process to avoid a mandatory sentence.

We handle cases in federal courts throughout the United States including: San Diego, Los Angeles, Washington, D.C., Maryland, Colorado, and many others.

Frequently Asked Questions (FAQ) About Child Pornography Charges

• What should I do if I am under investigation for child pornography?
  If you are under investigation, it’s crucial to contact an experienced attorney immediately. Do not speak to law enforcement or investigators without your lawyer present. Your attorney can help guide you through the legal process and protect your rights.
• Can I be charged with child pornography if I accidentally downloaded it?
  While mistakes can happen, if child pornography is found on your device, it can still lead to serious charges. However, a defense lawyer may be able to argue that you were unaware of the content or that it was downloaded involuntarily due to malware or a virus.
• What is the statute of limitations for child pornography charges in Maryland?
  In Maryland, there is no statute of limitations for child pornography offenses. This means that charges can be brought against you at any time, even years after the alleged offense.
• Is it possible to get charges dropped if the evidence was obtained illegally?
  Yes, if the evidence was collected through an illegal search or seizure, your lawyer may be able to file a motion to suppress the evidence. If the court finds that the evidence was obtained unlawfully, it may be excluded from the case, which could potentially lead to the charges being reduced or dismissed.
• What happens if I’m convicted of child pornography?
  A conviction can result in severe penalties, including lengthy prison sentences, substantial fines, and mandatory registration as a sex offender. Additionally, it can have a lasting impact on your reputation and future opportunities, including employment and housing.
• Can I be charged with child pornography for sharing files or images online?
  Yes, sharing or distributing child pornography online, even if you didn’t create the content, can result in criminal charges. Distribution of child pornography is a serious offense, and penalties can be severe.
• How long will a child pornography conviction stay on my record?
  A conviction for child pornography can stay on your criminal record permanently. Expungement or removal of this conviction is generally not possible due to the serious nature of the offense.

Free consultation: Contact a federal criminal defense attorney at Murphy & Price, LLP, for a complimentary evaluation of your child pornography case. Call us (410) 862-0351 now!