There has been an exponential increase in the prosecution of alleged Possession of Child Pornography offenses. Task forces comprised of local, state, and federal law enforcement agencies seek to prosecute individuals for merely viewing illegal images, with no consideration for the person’s age, status in the community, or lack of criminal record. Often the allegation is made without considering potential defenses or plausible explanations that could prove innocence.
Penalties for this crime can be a prison term of up to ten years if found guilty in a federal court. State courts also treat these offenses harshly as the climate within our culture makes these offenses extremely unpopular. Worse, an individual who pleads guilty or is found guilty of this sort of offense will undoubtedly be subject to public sexual offender registration requirements--consequences that can last a lifetime.
The most important questions in these cases regard the origin of the images or digital video, the person’s knowledge of the child pornography, and alternative reasons for its presence. A forensic examination of the data storage devices usually sheds light on this central issue. Through the effort of our firm’s members collaborating with chosen computer forensic experts, we work tirelessly until we are confident that we have accurately assessed the facts of the case.
Our lawyers will design the defense strategy, which will bring to light other plausible theories for the existence of the contraband: other users, viruses, Trojans, hacking, human error and additional factors that can have significant bearing on case outcomes.
We have devoted an entire area of Ian N. Friedman & Associates, L.L.C. to the defense of child pornography offenses and other computer-related offenses. Our lawyers are frequent speakers on topics related to today’s use of technology in the criminal justice system. Mr. Friedman is a law school professor, a frequent lecturer, is published in this legal area, and appears routinely on national programs to discuss the defense of those charged with child pornography offenses.
