Building a DC Federal Child Pornography Defense
Building a DC federal child pornography defense requires the right attorney and experience. One of the defense strategies is to look at access. When looking at the forensic evidence, sometimes it becomes apparent that the ability of the individual to access a specific device at the time of the download is nil.
That can be an alibi defense. Another of the common strategies is to examine the images and see whether they actually constitute child pornography. If you have questions or concerns on how a defense works, consult with a skilled lawyer today.
Minors and Federal Child Pornography Defense
It is a defense if the person is not a minor. In order to be a child under the law, a person has to be under the age of 18.
When a person does not know that someone was a minor, that is potentially a defense. However, it may not be an absolutely viable defense under the law. For example, if there is an image of someone who looks 25 but is actually 17, the practical likelihood is that the image will not be used to prosecute somebody.
The more typical scenario is where there is no dispute about the age. When the image is of someone who is eight or nine years old, there is no dispute. The issue with respect to age is when no one would know that the person was under 18. Although it is not a legal defense, it is a practical defense.
Lack of Knowledge
A defense to child pornography charges on a person’s computer is when they did not know it was on their computer or did not look at it. To legally possess something, a person must have the ability to have dominion and control over the image. When a person does not have knowledge of something, they cannot have dominion and control over it. Building a federal child pornography defense means assessing whether or not the person knew it was on their computer.
Building a Strong DC Child Pornography Defense
As in any case, developing a strong defense requires a detailed examination of the evidence, investigative work, talking to witnesses, talking to the client, and developing the case factually.
There are many Fourth Amendment issues with respect to search and seizure of the electronic evidence. A recent Supreme Court case deals with a search and seizure of a smartphone. New limits were instituted by the Supreme Court because the Supreme Court recognizes that people have their whole lives on their phone. Law enforcement can get access to much more information than they otherwise would be able to just by getting access to the phone. Fifth Amendment issues regarding statements made by individuals are also particularly important and are often litigated.
Hiring a Skilled Criminal Defense Attorney
It is important to find a lawyer with experience defending child pornography charges who works hard and is easily accessible. The criminal defense lawyer should be up to speed on the technological developments in this area and be knowledgeable about the recent court decisions and the body of case law. The area of child pornography laws is constantly evolving. For more on building a DC child pornography defense, contact an accomplished attorney today.