Do you know that child pornography is illegal under federal law and in all states? The offense can result in a life sentence and fines reaching $250,000. If you are charged in a child pornography case, it is time to hire a professional lawyer for a strong criminal defense near me in Ingham County immediately. Having a lawyer by your side means you will be able to defend and fight the allegations.
Here is how a skilled criminal defense attorney will defend you in a child pornography case.
An individual is presumed innocent unless proven guilty. It’s the responsibility of the prosecutor to prove with solid evidence that the accused committed the crime. Until then, the defense is not required to present proof.
In a child pornography case, the accused cannot be found guilty just for looking at the evidence. The prosecution must show that the defendant used “affirmative action” to obtain or preserve this evidence. The defense only has to show that the prosecution lacks proof that can be verified beyond a reasonable doubt. A strong defense involves highlighting flaws in the prosecution’s case, drawing attention to the evidence gaps, and pointing out inconsistencies.
An experienced attorney will investigate the evidence’s procedure and its chain of possession. If the evidence gets handled improperly or illegally, or there is an issue with the chain of custody, then the court will not accept the evidence.
In child phonography cases, the evidence is collected from electronic devices. Therefore, a lawyer who builds a strong criminal defense near me in Ingham County will use these issues with the evidence’s acquisition or authenticity in trials.
Collecting and showing evidence of constitutional rights violations can weaken the case and increase the chances of dismissal. Whether the accused is guilty or innocent, any unethical search without a warrant or illegal arrest can be gathered as evidence of violation.
Similarly, if the accused is taken into custody without being informed of their rights or denied access to legal representation without an attorney, then all statements made and any evidence collected must be suppressed.
To make a criminal defense near me in Ingham County against child pornography cases, the attorney can ask the prosecution to submit evidence that shows children in nude or sexually suggestive surroundings. Challenging the prosecution’s ways of “proving” that the content included a child (age factor) is a strong tactic for mounting a strong defense.
To get charged with child pornography, the prosecution must prove that the accused person had shared or produced the content intentionally. The accused may come into contact with such material mistakenly or unintentionally.
The attorney will make a strong criminal defense near me in Ingham County in such cases by proving that the accused was unaware that they possessed such content. For instance, he can claim that the accused got such content via malware, a virus, spam, or device manipulation. Another way to support this defense is to blame unsecured networks where other people may be held responsible for the content.
It’s possible to make a strong criminal defense if the content was found in the device after purchase. For criminal defense near me in Ingham County, the attorney can seek the help of a computer forensic expert to determine the precise time and location of the content’s download as well as the user’s digital footprint. This helps to prove that the accused is not guilty in reality.
An affirmative defense requires taking blame by explaining one’s conduct. While admitting guilt doesn’t is not a smart move, there are several circumstances in which doing so might lead to a dismissal.
Affirmative defenses include:
• Proving that the content was used for valid reasons (medical, educational, religious, psychological/psychiatric, scientific, judicial, or law enforcement).
• The accused was forced, duped, or compelled into committing the violation.
• The accused’s spouse was the child portrayed in the material.
• Entrapment is also an affirmative defense. It can take place at the hands of law enforcement, especially when the police conduct a child porn sting operation in which they pressure people into buying content that isn’t obviously child pornographic.
Under the law, addiction is considered a serious medical condition. The expert attorney can prove that the accused has a real addiction and can help lower the accused’s potential punishment. There will be no dismissal grant in this case. However, it may lessen the impact of a later conviction by providing treatment in favor of sentencing for those with real addictions and showing a willingness to change their behavior and get support.
This is how a lawyer helps you to make strategies for criminal defense near me in Ingham County in a child pornography case. The outcomes of child pornography allegations can be serious for the rest of their life. If you or a loved one is facing such allegations, seek professional guidance, be transparent to your attorney, and trust him.
Feel free to reach out to Kareem Johnsons to get your case defended strongly for the best possible outcome.