Understanding the law concerning the Possession of Child Pornography is the first step in developing an effective defense strategy. Oftentimes these cases are made more complex because the images are downloaded and stored on a computer.
Questions arise with regard to how the police knew about the images stored on a private computer, how the police obtained the images, did they have a warrant based on probable cause, who downloaded the images to the computer, did other people have possession and use of the computer and many more questions based in legal principals and the very complex area of computer forensics.
Possession of Child Pornography can have very serious consequences. A first offense carries up to five years in prison. If a person is charged with a second offense the sentence is at least five years in the state prison. A third or subsequent offence requires that a sentence of at least ten years in prison is imposed.
These cases require an experienced criminal defense attorney who can effectively develop a theory of defense. Is there a viable motion to dismiss the case or a motion to suppress the evidence due to a warrantless search and seizure or other illegal actions by the police or the district attorney's office.
More serious is the possession of child pornography with the intent to disseminate these images. Dissemination is the distribution or the sharing of images of child pornography by handing them to someone or by uploading the images from a computer.
A conviction of dissemination of this material carries a minimum mandatory sentence of ten to twenty years in the State Prison. If facing serious charges such as these, one must retain counsel to evaluate and develop an effective defense. It is not wise to go it alone.
If you have been charged with possession or dissemination of child pornography, contact Regan Law. We are experienced in the factual and legal intricacies that these cases involve.
If retained we will immediately go to work developing a legal strategy to defend your case.