Florida prosecutors have a reputation for being extremely aggressive and relentless in the prosecution of criminal offenses that involve children. Child pornography is one of the criminal charges that state's attorneys pursue the maximum sentence possible. In some circumstances, clients were overcharged. If an individual is convicted of a child pornography charge, he or she will suffer consequences lasting throughout their entire life. The punishments for a child pornography conviction include prison time, hefty monetary fines, public humiliation, and mandatory sex offender registration.
Child pornography criminal cases are complex cases because the crimes involve electronic devices. Therefore it is important that anyone accused of child pornography retains a Miami Child Porn Attorney who is well versed in data recovery, software, and electronics and how these affect the way law enforcement investigates a crime and how to apply Florida law.
Fortunately, there are many potential defenses that could be raised to help weaken the prosecutor's case against the accused. When it comes to any crime, it's up to the defense to create a reasonable doubt in the minds of a jury. Because electronics, hardware, software, and data recovery are highly technical, this could create an opportunity for an experienced child pornography defense lawyer to effectively defend his or her client.
At Musca Law, we always urge and caution potential clients and existing clients to exercise their right to remain silent! Moreover, individuals who are being questioned by police or have had their home searched must contact one of our best Miami child porn defense attorneys for a free case review. If you're being asked to answer some questions at the police department, you must make sure that an experienced defense attorney represents you. Psychological studies have been published that prove even innocent people can be persuaded or pressured into giving a false confession. That is why it's so important that you remain silent and do not answer law-enforcement questions about anything other than your name and where you live. Always be respectful to law enforcement officers and simply ask them to allow you to answer questions with your attorney present.
If a law enforcement officer is asking to enter your home, you should not permit this without a search warrant. Often times innocent people think, "I have nothing to hide." However, police searches are extremely thorough, and there's always a possibility that something might be found leading to an arrest. Also, if law enforcement is asking to search your home and do not provide a warrant, things that you say could create probable cause for the officers to enter the premises. It is also very helpful if law enforcement visits your home without a search warrant because this may buy you time to call a criminal defense attorney for advice on what to do.
Defending against child porn criminal charges in Miami, Florida
When an individual is accused of possessing child pornography or any other child porn-related offense, the facts of the case including the first contact made by law enforcement, the interrogation process, the service of a search warrant, the questioning by law enforcement, and the booking process must all be analyzed by the experienced criminal defense attorney to uncover any potential opportunities to have those charges dismissed due to procedural errors or mishandling. The following are some examples of defenses used in child pornography criminal cases in Miami, Florida.
Child Erotica - The State of Florida does not deem all nude photos of children as child pornography. In fact, some images are categorized as child erotica, meaning the images are not lascivious enough to be deemed child pornography. In other words, the photographs may display minors in a sexually suggestive way, but The photos may not rise to the standard deem child pornography. To make things worse, an individual may try to erase the content on their computer or phone, but their device remains in their cache. In this situation, do you individual could be brought up on criminal charges stating that they had transitory possession of the illicit content.
Adult Depiction - Another defense that could be argued is that the person who is in the pornographic video or photo is 18 years of age or older. In other words, if the subject of the photo looks young but is an adult, this is a strong defense that could have the defendant's case dismissed.
Unknown Possession - Unknown possession simply means that the defendant's computer had child pornography on it unbeknownst to the defend it. The computer may have a virus or illicit pornographic images of children that were accidentally downloaded.
Unlawful Search Warrant or Collection of Evidence - If an individual is suspected of having or possessing child pornography, law enforcement will work hard to create probable cause in order to obtain a search warrant. Once law enforcement has a search warrant, they will then give service and enter the home of the suspect. During the search, all electronic devices such as mobile devices, tablets, PCs, laptops, data storage devices, videotapes, and any device that could store images and/or video. Therefore it's incredibly important to not allow law-enforcement officers into your home without a search warrant. It is also very important to get on the phone and speak to a criminal defense attorney right away. They attention to what law enforcement officers are doing, but Musca Law right away!
Warning: each image or video that is deemed child pornography is its own separate criminal offense. Do not delay in getting legal assistance as quickly as possible.
Sentencing and Punishments for Individuals Accused of Possessing Child Pornography in Miami, Florida
If the accused is convicted of a child pornography-related criminal offense in Miami, Florida, he or she will face harsh penalties such as thousands of dollars in legal funds:
- A prison sentence of between 5 to 30 years;
- Lifetime registration as a sex offender;
- Difficulty finding housing or gainful employment;
- And many more harsh penalties.
It is also important to understand that no matter what level of offense, child pornography-related criminal offenses are not tolerated in Florida. The state of Florida has special attorneys and law-enforcement officers assigned cases of sex crimes involving children.
Penalties for Federal Child Pornography Charges
When an individual distributes images, videos, files that contain child pornography over the World Wide Web or via the US mail, he or she might be charged with a federal offense that is punishable with additional prison time, hefty monetary fines, and mandatory national and state sex offender registration. According to federal law, US prosecutors can seek harsher sentencing By enhancing the criminal charges filed against the defendant. For example, if an individual has in his or her possession child porn images or videos of a masochistic or sadistic nature.
Speak to a Miami Musca Law Attorney For Free - Call (305) 203-0333.
Accusations of child pornography possession or any other sex-related crime involving a minor child are punished severely. Musca Law, our child pornography defense attorneys in Miami, Florida, are available 24:7 to take your call. No matter what your circumstances may be, if you've been accused of a crime in the state of Florida. For your free case review simply dial 305-203-0333 or visit us at a local Miami office located at 7950 NW 53rd St. Suite 333, Miami, FL 33166.