If you have been falsely accused of a child pornography crime, defending yourself can feel overwhelming and you may not know where to start. However, a qualified defense lawyer can help you with seeking a dismissal of charges or prepare you for your trial by building a strong argument against the claims brought on you.
The preparations for these cases could vary depending on what the circumstances are. There are specific theories of defense against a charge of having sexually explicit images of minor and the use of forensic computer experts is essential to achieving the best possible result in your case. The right attorney could know the best theory to use based on your particular situation. To learn more about building a defense in a Charleston child pornography case, contact legal counsel in your area.
Developing a Strong Defense Strategy
Investigating the circumstances around a child pornography accusation is a key part of developing a strong defense. Two of the more common defense strategies for child pornography charges involve age of the person in the images and the access the defendant had to the device the evidence was stored on.
Proving the Subject of the Porn was Not a Minor
An attorney could try to prove that the alleged underage subjects depicted in the images are not minors, but instead consenting adults. This could be accomplished by bringing in the subject of the photos in as a witness or hiring an expert to examine the photographs. Analysis of the metadata for the files the government alleges are contraband is also an important part of a thorough defense.
For example, if an adult film actress plays the role of a Catholic school girl and the government believes she is underage, they can call an expert witness to establish developmentally that she was of age. Or, if they find the actress, they can bring her into the trial to prove she is an adult.
Proving the Defendant was Not Trying to Access the Images
A defense could also be made about who has had access to the computer that the images were discovered on. There could be pornography that involves alleged depictions of children that would technically violate the statutes of child pornography. However, that does not mean the authorities have arrested the right person. They must establish, using computer forensics, that the defendant was undoubtably the person using the computer to access sexually explicit content of minors. Computer forensic expert services are necessary in most cases to ensure the government’s investigation is forensically sound and does not violate an individual’s right to due process under the law.
A solid defense could be built by a Charleston legal advisor using this theory if a person did not know the images were on their computer or if they used a device that others may have been using. It is not enough that the defendant’s computer is infected with these images. Alleged contraband found within a computer’s operating system may not always be in a location where the user has access or control. The prosecutor has to show that the defendant knew they were there, reviewed them, and intended for them to be there. This is where getting the forensic reports is very important for building a defense using this theory.
Search and Seizure
A Fourth Amendment search and seizure is of huge importance, as local representatives have to make sure that the government did everything correctly when they put their case together. They must have search warrants to seize devices or any other evidence.
A local attorney can examine search warrants closely to see if there are any grounds to fight the authorities for an unlawful search and seizure. If there are any incriminating statements by the defendant at the time of arrest, the attorney can work to mitigate them.
Work to Build a Solid Defense in a Charleston Child Pornography Case
Some important things to look for in a criminal defense attorney when facing child pornography charges is a professional who is experienced in this area. They must have an expert team and the ability to battle against forensic evidence, computer analysis, and the ISP information.
Together, you and a qualified defense legal counsel can build a strong case to protect you from the charges brought against you, effectively protecting your rights and future opportunities. Call today to learn more about a defense in a Charleston child pornography case.