When someone is under investigation for child pornography, they may not know what happens from the implication that they have child pornography to the arrest. In fact, the person who is accused may not have any evidence on their computer. Because of this, there may be an investigation into the matter—an expert witness will analyze the devices owned and used by the person, and determine if the files are searched for to the furthest extent of the law. This expert will also determine if a search is done legally, and that there is a legal basis for the child pornography charges. Someone may be receiving files unintentionally, or the accusations may otherwise be baseless and lacking the intention of someone searching for child pornography.
How can somebody be unaware that they have child pornography on their device? Often these files show up in embedded folders, or video and image files as an embed.
Evidence of Child Pornography
The prosecution is going to use evidence of child porn images on the computer, or in the house as physical copies to prove intention behind this crime. However, the professional that’s trying to defend the accused can use the existence of these images on the computer or in the house as evidence as an accident or lacking the intention of searching for or downloading the material. This is because some files come through as “files”, where you’ve intended to download the item that was in the file. Other files, though, will have videos, photos, even stories and links to sites embedded in them—in such a way that a regular person who does not intend to search for child pornography, would not be aware they’re there. There are also viruses that can upload and download various things—child porn included—onto someone’s computer.
Arguing in Court
If the hearing goes to trial, often before a judge or a judge and a jury, you’ll want a child porn lawyer who knows what the process is, and how to navigate the courtroom. Evidence and testimonies are presented from the defendant to the court through their lawyer, and the lawyer will tell you how to word your statements to appeal to the jury and the judge.
If there are no legitimate arguments against the accusations, your lawyer can help you discuss plea bargains and other deals that may be on the table. A good criminal defense lawyer is going to fight for you—and if they can’t get your sentence removed entirely, they’ll fight to get it lessened.
Reach out to a criminal defense attorney who deals in child pornography that you trust, you want someone who has experience and understands your case, and the lawyers over at The Morales Law Firm get that. They know you need help, and they have a history of handling indecent exposure, sexual misconduct, sexual abuse, and more. They and other firms with similar history are your best bet when you are accused of child pornography charges.