Let's review what you or your loved ones face if you're charged with federal charges of 18 U.S.C. 2252 or California Penal Code 311 PC child pornography in Los Angeles County.
Many recently have been victims of the FBI coming to their houses, knocking their doors down, and seizing their devices, such as their computers, phones, and tablets, searching for child pornography.
Usually, this is because some social media outlets like Facebook reported them or went on a specific application where child pornography is prevalent.
What is happening is that the FBI, Homeland Security, and local law enforcement are tracing their IP address back to their home, and then they come in with a team of agents to search and grab everything.
They take everything they can to have a forensic expert look at it. This usually takes some time because so many devices are being seized across the country right now.
They also ask everybody in the house questions about what is going on. One of the main things they're trying to do is to make sure they can pinpoint whatever computer devices they think are linked to a specific person.
Also, that person is the only one using those devices, so they won't have the defense that they're not the ones that downloaded any child pornography that might be found.
Developing a Defense Strategy
The first step you should take is to get a criminal defense attorney. Tell them what happened, and get a game plan together on what you will do moving forward.
When I meet with people, it is in the privacy of my office. So everything that is said is confidential, and before you leave my office, we will have a game plan ready to go on exactly how we will deal with the case and the following:
- I'm also going to be contacting the agents on your behalf, letting them know I'm your attorney and trying to find out where they are in their investigation;
- Find out if there's a prosecutor involved, and then I will contact the prosecutor and do everything I can to protect and preserve your rights.
So, suppose they do end up filing a criminal case against you instead of you being grabbed and taken into custody. In that case, we can work out some surrender situation where. Then, hopefully, we can get you out on some signature bond if they file a federal case against you.
Avoiding a Mandatory Minimum Sentence
You want to get a criminal defense attorney working on it right away because the types of charges you're facing are:
- Possession of child pornography if they find child porn on any of your devices;
- If you moved any of the child pornography, you could also be charged with distributing child pornography which has a 5-year mandatory minimum.
You could also be charged with producing child pornography if you contacted someone to produce photographs or videos.
You don't want to be in a position where you're charged with producing child pornography because that's a 15-year mandatory minimum sentence.
Finally, the main thing prosecutors and agents are looking for are people attempting to meet with children. Those people will receive the worst punishment because one of the court system's chief goals, whether at the state or federal level, is to protect children.
So, several different steps can be taken depending on where the investigation is at. Who is investigating it, and what exactly they're able to prove against you?
Pick up the phone now. Ask for a meeting with Ron Hedding. I've been doing this for 30 years. Ask for a meeting with Ron Hedding. I stand ready to help. We offer a free case evaluation by phone or through the contact form. The Hedding Law Firm is located in Los Angeles, CA.
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