When someone is accused of a
federal child pornography crime, the opposition will be powerful and intent. People expect to see the
prosecution zealously seek a conviction, regardless of the evidence against
the defendant, or lack of evidence. With all things considered, the defendant
in a child pornography case facing an unfairly uphill legal battle —
but not one that cannot be overcome.
There are always defenses to criminal charges. No matter the circumstances,
an experienced criminal defense attorney can look for gaps in the prosecution’s
case and go from there.
Possible defenses that could be used in a child pornography case could be:
Mistaken identity: In an internet crime case, knowing the identity of an alleged perpetrator
can be extremely difficult. Once a file is placed on the internet, there
is no knowing how far it will be sent and disseminated through networks.
There are also few ways to know who accessed what files. Even private
home computers can be used by multiple people in the residence, or they
can be accessed illegally and remotely by hackers.
No criminal intent: In some child pornography cases, the argument is made by the prosecution
that the defendant should have known the person depicted in the sexual
imagery was a minor. This is a weak argument, especially in considering
that parties that upload such imagery to websites will often tell the
viewer that everyone involved is an adult. If you had reason to believe
the imagery did not violate any federal laws, then you had no criminal
intent upon viewing it.
No knowledge of content: When investigators find files of child pornography saved on a defendant’s
computer, it can look like strong evidence against them. However, as an
experienced criminal defense lawyer can argue, there needs to be evidence
that the defendant knew the files and content even existed. It is well
within the realm of digital possibilities for illegal files to be hidden
within legal downloads. Skilled hackers can even direct where a virus
should save itself and can alter its “creation date” to show
any day they want.
Please keep in mind that every criminal defense case is unique. The defense
that works best for one might not be right for the next. One, all, or
none of the aforementioned defense strategies might apply to your case.
Were you accused of child pornography crimes? There is no time to lose
when it comes to starting your defense. Call
(443) 709-9999 to connect with the Law Offices of James E. Crawford, Jr. & Associates.
Our Baltimore criminal defense attorneys have decades of total legal experience
under their belts, with a deliberate focus on high-stakes and sensitive
child pornography defense cases.
Contact our firm at any time to learn more.