LEARN WHAT WILL CAUSE THE PROSECUTORS TO FILE A INTERNET PORNOGRAPHY CHARGE AGAINST SOMEONE
Believe it or not, prosecutors have not been filing Internet related offenses for that long. When a new technology is introduced to society that people can manipulate for their own sexual interests, it takes a while for the government to act and come up with a strategy to deal with what can clearly be viewed as as crime.
There were a lot of factors that had to be considered before prosecutors began prosecuting Internet Pornography. They realize that smart criminal defense attorneys would attack their cases in anyway possible. However, once they figured out how to investigate and prosecute Internet related offenses, they have been relentless in their actions.
Law enforcement agents have set up stings all over the Internet and people fall prey to them every single day. The police go into chat rooms and on Craig’s List in order to pose as minors and try and set up sexual encounters with people who they believe are preying on minors and trying to meet with them to perform illegal sexual acts.
In my experience, sometimes they go to far in pursuing a conviction and violate the person’s rights, lie about what happened and entrap them into becoming involved in the alleged crimes. However, a good sex crime defense attorney can turn the tide in your favor and make sure you are treated fairly and that justice in served in your case.
The first key is that they have to be able to show that the person they believe is guilty was actually the one involved with the crime and that it was not someone else using their computer.
They track IP addresses and when they serve the search warrant in the location where they believe that someone illegally used the Internet for Child Pornography, they use good old fashion investigation to prove their case. When they get into the home and seize the subject computer, they ask everyone in the home whose computer it is. They will ask the person point blank, who they suspect of illegal activity, if that is their computer and if anyone else uses it.
The point is, when they come in, they are coming in with a plan and an eye towards sealing up their conviction right from the beginning. After they seize the computer and all of the person’s devices, they get them alone and try and get them to admit that they downloaded child pornography.
If they are successful, then it is just a matter of time before they will come back and arrest them and charge them with very serious crimes. The reason they do not typically arrest the person right on the spot, centers around not knowing exactly what they are going to find on their devices.
The more images and videos they find, the more likely they are to charge the case at the federal level. They are also looking to see what type of images the person is looking at and how they obtained them and if they have shared them with anyone else.
All of these factors will dictate whether the case is prosecuted at the state or federal level and whether or not the person is facing years in prison and registering as a sex offender for the rest of their life.
When I get on these Internet pornography cases I try and make contact with the prosecutors on the case because they will be the ones who call the ultimate shots on how the case will be handled.
They will decide whether it goes state or federal, how high the person’s bail will be and ultimately what type of punishment they will seek. If I can get in on the case at the ground level then I have had great success in making in roads in how the case is handled and protecting all of my client’s rights, reputation and freedoms.
This is why early intervention is so crucial to the success or failure of a Internet pornography defense in Los Angeles or anywhere in the nation.
As you might guess, with this type of sophistication, you need a criminal defense attorney who is familiar with these type of cases and how to defend them. Not just any attorney will do because there is too much at stake and the prosecutors will do everything in their power to put the offender in prison and seek punishments that are many times not fair under the circumstances.
Your criminal defense attorney is the one tasked with defending against these practices.
Internet pornography crosses over to illegal when it is obscene or if it exploits children. This language can be ambiguous, especially as to obscenity, and that is why our sex crime defense lawyers are here to make clear any ambiguities and make sure that the jury is not basing their decision on any ambiguous language.
Internet pornography can be charged on either state or federal level and our sex crime defense lawyers can handle your case regardless of what level you are being charged. We have the skill and a combined 75 years of experience that qualify us to defend your case.
Exploitation of a minor as to internet pornography, California law states that, every person who knowingly possesses or controls any data, or image, (filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM) in which the production involves someone under the age of 18 years old being engaged in sexual conduct, can be charged with internet child pornography and punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by bot.
Our goals as your sex crime defense lawyer is to either get your case completely dismissed or get you the minimal penalties possible. If you or someone you know is being charged with internet pornography, contact our Los Angeles Sex Crime Defense Attorneys and set up a free consultation so we can start discussing your case.
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