NEW BRUNSWICK CHILD PORNOGRAPHY ATTORNEYS
To date, a majority of Internet-related child pornography cases involve file sharing programs (like LimeWire), chat rooms and e-mail. In some cases, law enforcement has encoded certain pictures that notify agents whenever an illegal image has been downloaded or shared. In other cases, officers are able to target certain Internet users who have searched using terms unique to child pornography. In chat rooms, undercover agents enter sexually suggestive discussion threads to see if anyone offers to send child pornography or solicits it from others. In each kind of case, a suspect’s IP address is recorded and an investigation opened. Typically, a warrant is issued and a record of a suspect’s Internet activity and e-mail use collected.
While investigators may have recorded a suspect’s IP address, it’s not a foregone conclusion that he or she will be convicted on charges of child pornography. Regardless of whether you’re being investigated or have been arrested for possession of child pornography, it is essential that you talk to a criminal defense lawyer before talking to investigators.
To discuss your case during a confidential consultation protected by the attorney-client privilege, contact New Brunswick child pornography attorneys at Jack Venturi Law today.
CHILD PORNOGRAPHY — BUILDING A STRONG DEFENSE
While each case is different, there are important computer forensic issues that must be taken into consideration. First, does the prosecution have enough evidence to prove beyond a reasonable doubt that you were the person at your computer at the time of the alleged crime? Second, even if you downloaded illegal child pornography, is there evidence to indicate that you tried to stop the download or that the file itself was deleted and was never opened on your computer? Third, were the illegal images in question part of a larger file that had a misleading title or were interspersed with legal ones?
Additionally, as in the case of the online solicitation of a minor, issues of entrapment arise if undercover officers goaded a suspect on or engaged in behavior that encouraged and promoted illegal behavior. For example, did an undercover officer continue to offer to send you a file of child pornography after you declined the offer more than once? Did he describe the content in a way that was misleading?
WHEN GUILT IS NOT IN QUESTION — UNDERSTANDING YOUR LEGAL OPTIONS
If the evidence against you is overwhelming and there is little to no question of your guilt, it may be possible to reduce the sentence or charges against you. While a number of sex crimes in New Jersey carry a mandatory minimum that makes it necessary for you to serve at least 85 percent of your sentence, it may be possible to avoid the maximum penalty. For instance, after a risk assessment and psychological evaluation, the court may be persuaded that you don’t represent a risk and can sentence you to fewer years in prison. Alternatively, a plea bargain may be offered that reduces the charges against you or, at the very least, your sentence.
CONTACT NEW BRUNSWICK COMPUTER SEX CRIMES ATTORNEYS
A conviction on charges of child pornography can involve prison time, a permanent criminal record and the requirement to register as a sex offender. If investigators have contacted you, don’t assume you can talk your way out of being charged — call 866-339-7801 or email New Brunswick sex crimes attorneys at Jack Venturi Law today.