Being accused of possession of child pornography is a serious matter. Not only do you risk facing severe legal penalties, but your reputation could be tarnished permanently. The law in New Jersey prohibits the possession, sending, or receiving of child pornography through computers or cell phones via the Internet.
If you have been falsely accused of such a crime, it is important to understand the gravity of the situation and act quickly. Go to this website, mvplawoffice.com, to speak to an experienced criminal defense attorney today. They can build your case using several defenses.
Common defenses against child pornography charges.
- Shared devices.
The prosecution needs to provide evidence that you were in possession of the illegal materials. Having the media saved on a computer or mobile device is sometimes seen as a legitimate possession. On the other hand, you could claim that someone else downloaded or shared the illegal content if you have a shared computer, such as a home computer, with several users.
- Illegal search and seizure.
The police have to go by a tight set of guidelines when interviewing suspects and gathering evidence. Your attorney may be able to prove that they illegally searched and seized your belongings even if they did not have a valid search warrant. This enables the evidence used by the prosecution to be contested and considered inadmissible in court.
- Unknowing possession.
Charges of computer pornography require intentional possession of images that exploit minors. You could claim that you were unaware that the items were on your device if you never looked at, used, or shared them.
- Substantial assistance.
Suppose you download, send, or view child pornography on your computer voluntarily or knowingly. In that case, your lawyer can advise you to cooperate with government inquiries and investigations to find out where the illegal content came from. This is a means to lower the penalties against you and lower the total amount of charges. However, it is not a defense.
The maker of the illegal content will be the target of an active search by law authorities. Therefore, any help you can give may reduce or suspend your charges.
- The psychological addiction defense.
Although it is not a strong defense, claiming a psychological addiction to child porn may help you get a lower sentence if you are found guilty. For those with a child porn addiction, a treatment program may be offered for jail time in certain situations.
- Entrapment.
Claiming that the police entrapped you and that they forced you to commit a child porn crime can also be a defense strategy. Your defense would be that if the police had not forced you to do the crime, you would not have done it.
Hire an attorney in New Jersey today!
If you are facing false child pornography charges, an attorney can protect your future. Consult with an experienced professional today.
