A federal child pornography charge can create an inescapable social stigma,
and a conviction can cause lifelong difficulty in advancing a career,
living in a desired area, and even in simply making new acquaintances.
In addition to the social consequences, federal child pornography charges
are met with severe legal consequences. Simple possession of child pornography
on a computer, phone, or in any tangible form can result in federal prison
time. First-time offenses can result in up to 20 years in prison plus
additional time in sex offender release programs, and registration in
a sex offender database.
Clearing a client’s name is difficult to do in a federal child pornography
case, but it’s not impossible. The attorneys of Berry Law Firm have
a history of fighting relentlessly to defend their clients, especially
in high stakes cases, where the defendant’s quality of life hangs
in the balance.
Some significant defenses in federal child pornography cases:
Lack of knowledge or intent - A conviction for child pornography charges relies upon the notion that
the accused did knowingly and willfully deal with prohibited images or
content. Because possession of adult pornography is legal, individuals
may mistakenly access underage pornographic material when browsing the
internet, clicking a link or downloading a file that they do not fully
understand the contents of beforehand. In addition, file-sharing websites
are notorious for incorrect or misleading labeling, allowing for situations
where child pornography ends up on the hard drive of someone whose intent
was merely to download episodes of a popular TV show.
Police misconduct - If the evidence to support a conviction was discovered as part of entrapment
or an illegal search lacking a search warrant, the evidence cannot be
used in a court of law. Police must have probable cause to search personal
property or possessions, and improperly collected evidence must be omitted
Forensic analysis - Sometimes, images or content can be proven to not actually be child
pornography, resulting in charges being dropped. While this is a rarer
situation, it is an example of the depth of options available when building
a defense in support of a client, and an experienced attorney will consider
many potential strategies to defend their client.
Contact Berry Law Firm for Federal Child Pornography Defense
The Lincoln and Omaha criminal defense attorneys of Berry Law Firm have
been defending clients for decades. We know that facing federal child
pornography charges can be an incredibly daunting and overwhelming situation,
and our legal team has the tenacity and drive to fight for your rights.
Our understanding of the many methods used by federal prosecutors to try
to obtain a conviction in child pornography cases, and our history of
successful results from clients, provide us with the confidence and experience
to fight for the best outcomes for the accused.
Call (402) 817-6550 to schedule your initial consultation today.