Revenge Porn 

When it comes to the crime of revenge porn, I have handled a lot of these cases, especially recently with more and more content being placed on the internet, Facebook and various other social media platforms.  When people get angry with a significant other or someone that they’ve encountered, they can sometimes do things that are obviously criminal, but also can damage the other party’s reputation severely.  Now with all the technology that’s available and the internet, I’ve handled a lot of cases recently where people are putting revenge porn on websites or sending it to various people, sending it to the other party’s job in order to get back at them for some wrong that they have done against them.

In these cases, the prosecutors are very harsh because obviously they feel this is a severe personal violation of the other party’s rights and it’s something that can’t be undone.  Once you put some type of nude photograph or video out on the internet, it’s very, very difficult – if not impossible – to take it back.  So, if you have one of these revenge porn cases, obviously you want to get in front of somebody that’s experienced, that’s handled these cases before and knows how to counter-act some of the damage that can be caused b this type of offense being charged against you and you having to take a conviction for a revenge porn case.

What are some Defenses in a Revenge Porn Case – Penal Code Section 647(j)(4)?

Obviously, the most commonly used defense in these types of cases is that – I’m not the one who did that – you cannot prove that I posted that or sent that.  This is where experts are going to become involved because the police have their own experts, the prosecutors have experts and they’re going to try to use those experts to prove that you’re the one that had the access to the subject pornography and you’re the one who sent it or did whatever was done with it in order to expose it to other people.  This is done by computer experts, tracing IP addresses and a variety of other sophisticated technology-related investigation devices that are available to the authorities.  So, a lot of times what we’ll do, we’ll have to get our own experts in these cases if we have a good issue, that we have a solid argument, that they have not proved their case and they cannot show that you’re the one that distributed this pornography.  The fact that somebody else did something to you and maybe they exposed something that you didn’t want exposed, is not necessarily a defense to a revenge porn case pursuant to Penal Code Section 647(j)(4).  There’s no such thing as an eye-for-an-eye when it comes to sex-related offenses, and especially when you’re putting something out there that can damage somebody’s reputation and cannot be taken back.

What is your best Strategy if you are charged With a Revenge Porn Case Pursuant to 647(j)(4)?

Your best strategy is to get all the information together in a summary form, get a list of questions together, go and sit down with the attorney you want to represent you, give them all the details of your case.  Don’t omit anything.  Don’t put a spin on anything – really be honest with them about what happened so they can be in the best position to represent and defend you.  I can’t tell you how many times I’ve had clients not give me all the information and then later on down the road, it puts us as a defense at a disadvantage.  The defense in a revenge porn case, or any criminal case, should be working together – the client and the attorney – to achieve the best result.  If it’s a case where it’s a jury trial, obviously the lawyer is going to want to have all the information to be able to properly defend you and try to get the result that you want.  If it’s a case where there’s going to be negotiations to try to resolve the case because the authorities have good evidence against you, then obviously, you’re going to want to cooperate with your attorney in getting character letters and getting them all the good mitigating information, and of course, giving him your version of events.  A lot of times your version of events I not gotten out there by the police because they only take a one-sided account and they don’t get all the information and now it’s your attorney’s job to present the other side of the coin to the prosecutor and judge, do damage control and get you the result you must have. Call our law firm to review your case.