Jacksonville Criminal Defense Attorney Defends People Facing Charges of in Receipt or Possession of Child Pornography
These are extremely serious charge bringing with them a potential a prison sentence and registration as a sex offender. It doesn’t matter if paid to view this content or not – once it’s downloaded to your computer (or even if you just viewed and deleted the content), there will be an ‘electronic footprint’ leading to your IP address (your internet address) that will lead the police right to your front door. The police will descend on your home, swat-team like, take your phone, computers, laptops, and coerce you into admitting that you viewed child pornography and downloaded it onto your devices. In State Court in Florida, if, for example, you have downloaded 10 videos, you will be charged with 10 counts of possessing child pornography.
However, all is not lost. We are experts at having a forensic examination done of your phone, laptop, desktop computer or tablet to determine whether any child pornographic images still exist. Sometimes, the images are just ‘child erotica’, the possession of which is not a crime (something the police won’t tell you). Sometimes, the images have been deleted, leaving only a computer “thumbnail” image behind, making it difficult for the State to prosecute you. Were there videos or just still images? Was there a small number of images or a large number? Do the images or videos depict prepubescent minors (children under the age of 12 years) or not? Were the images shared with others?
We excel at compiling and presenting mitigating circumstances on your behalf, enabling us to potentially have the charges reduced, not having you register as a sex offender and getting probation and counseling rather than a prison term. If you are facing charges call 904-343-4556
Possession of Child Pornography Charges in Federal Court
As in State Court, the charges of Possession of Child Pornography in Federal Court are equally serious, if not more so. In Federal Court one faces a 5 year mandatory minimum sentence on these charges, unlike State Court, where there is no mandatory minimum sentence. There is also mandatory victim restitution in Federal Court, which can be in the tens or even hundreds of thousands of dollars. A mandatory minimum sentence means that the Judge cannot go below a 5 year sentence, even if he or she wanted to.
Often in Federal Court one is charged with receipt of child pornography and possession of child pornography as a separate court. What’s the difference? A five year mandatory minimum prison sentence versus no mandatory minimum prison sentence, that’s what. We know the difference between these two charges and use all the circumstances in our power to push to have the charges of receipt of child pornography dropped, leaving only the count of possession of child pornography, which could lead to a sentence as low as probation. We also use our expertise of the restitution laws to make sure the restitution you may have to pay will be as low as possible.
My constant goal is helping the people I represent avoid criminal convictions or otherwise prevent irreparable damage to their lives, families and futures. Two of my favorite words in the English language are “not guilty,” and I prepare every case for trial while always standing ready to negotiate from a position of strength.
Call Now For The Defense You Need
If you are charged with or under investigation for Possession or Receipt of Child Pornography and ready to bring some clarity and control to a scary situation, call me today at 904-343-4556 to explore your defense options.
