Defending Against Child Pornography Criminal Charges in Cape Coral, Florida

Florida prosecutors have established a long history of being extremely aggressive and relentless when prosecuting criminal offenses involving children. Child Pornography is one of the criminal offenses that Florida prosecutors pursue maximum punishment. In some cases, our firm has observed clients who are overcharged. If someone is convicted of a child pornography offense, she will endure serious consequences and punishments that will last throughout their entire life. The penalties for a child pornography conviction in Cape Coral, Florida, include monetary fines, public humiliation, prison time, and mandatory sex offender registration with the federal government and the state of Florida.

Child pornography cases in the state of Florida are very complicated legal matters that require an attorney with substantial experience and knowledge. At Musca Law, our firm offers more than 150 years of combined legal experience. Our legal professionals work hard to help our clients avoid harsh punishments such as prison and registration with the state and federal sex offender registries. This case also typically involves electronic devices. Therefore anyone accused of child pornography must retain a Cape Coral Child pornography defense attorney who was well-versed in data recovery, electronics, software, and how these apply during a law enforcement investigation or seizure.

Fortunately, several potential legal defenses might be raised in order to help weaken the federal or state prosecutor's case. The best defense is designed to create a persuasive and reasonable doubt within the minds of a jury. Since electronics, software, hardware, and data recovery are extremely technical in nature, there's an opportunity for experienced child pornography defense lawyers in Cape Coral to effectively defend their clients.

We caution potential clients and existing clients at our firm to use their fifth amendment right to remain silent. Those who are being investigated often didn't remain silent and handed the prosecution the evidence necessary to win a conviction. It's important that you have legal representation early in a criminal case, especially when a defendant has had their home search and many computers or Internet devices have been seized by police. It's easy to fall into the trap that if you were just open and honest with law enforcement, they would do you a favor by either letting you go or reducing the criminal charges filed against you. This is simply not the case. The job of police detectives and prosecutors is to maximize the charges in order to obtain The maximum punishments possible.

Psychological studies that have been conducted and published prove that innocent people may be persuaded or pressured into giving a false confession to police. That is why it is essential that you remain silent and you do not answer lawn Forssman questions other than your name and where you live. It's also important to always remain respectful toward law-enforcement officers and simply state that you'd be willing to answer the questions with your attorney present with you. This does not make you appear guilty, this will not hurt your case, and this will help you defend yourself against the charges.

If law enforcement officers are asking to come inside your home for a look around, do not allow this without a search warrant. Many times innocent people believe that they have nothing to hide and allow lawn Forssman officers to take a look inside but then find their house being heavily searched. Many people do not realize that by giving permission to law enforcement to take a look inside their home, the officers could end up seizing property.

Defending Against Child Pornography Criminal Charges in Cape Coral, Florida

When someone has been accused of possessing, transmitting child pornography, or any other child pornography offense, the evidence collected will include the initial contact with law enforcement, any statements you have made, the interrogation process, search warrant, questioning by law enforcement, and the booking process. Your criminal defense attorney must carefully and thoroughly review each step in the process and piece of evidence to look for weaknesses and procedural errors or violations. A few examples of legal defenses might be used in a Child pornography criminal case in Cape Coral, Florida.

Adult Depiction - One strong defense against a child pornography criminal charge is that the person who has been photographed or video recorded is over the age of 18. Many individuals are over age 18 and look young, but they are still adults. This could be a very good defense and may be used to have the defendant's case dismissed or cause certain pieces of evidence thrown out of the trial.

Unknown Possession - another great and potential defense against child pornography criminal cases is that the defendant had no knowledge that they possessed child pornography. For example, the defendant's computer was infected by the virus, or the defendant was downloading legal pornography, and contained within those files were illegal images of children.

Unlawful Search Warrant - in many cases, law enforcement officers make procedural errors during their investigation of highly technical and highly sensitive criminal matters. An experienced criminal defense attorney will look at whether they were any procedural errors when detectives obtained a search warrant.

Sentencing and Punishments for Child Pornography Offenses in Cape Coral, Florida

If the defendant is convicted of a child pornography-related criminal offense in Cape Coral, Florida, he or she will receive harsh penalties such as the following:

  • Lifetime registration as a sex offender
  • A prison sentence of between 5 to 30 years in prison
  • Difficulty finding careful employment
  • Difficulty in finding housing
  • And many other harsh penalties

The Penalties for Federal Child Pornography Charges

Many people do not realize that distributing illegal images, files, videos, or any other form of child pornography over the World Wide Web or through the United States Postal Service becomes a federal criminal offense. Federal child pornography crimes are punished with additional monetary fines, prison time, and mandatory state and national sex offender registration. According to federal law, federal prosecutors are permitted to seek harsher Sentencing when they enhance criminal charges filed against the defendant. For example, if it has some child pornography images or videos of a sadistic or masochistic nature in his or her possession.

It is important to understand that each image, file, or video is an additional charge of possession of child pornography.

Speak to a Cape Coral Child Pornography Defense Attorney for Free at (239) 347-9225

Accusations of criminal charges involved in child pornography or any other sexually related crime involving a minor child are punished severely in the state of Florida. Our child pornography defense attorneys in Cape Coral, Florida, are available 24/7 to take your call at Musca Law. For your free case review, call 239-347-9225 or visit us at our local office at 923 Del Prado Boulevard South Unit 201, Cape Coral, FL 33990.