Facing a criminal charge of any kind could be overwhelming and frightening, causing the accused person to worry about their financial, personal, and professional security. This stress may only heighten for severe accusations, such as child pornography.
If you are facing a charge involving the possession or viewing of illicit sexual material involving children, you probably have questions about the legal process. Thankfully, a seasoned attorney could explain each step of the proceedings, including how DC federal pornography arraignments work.
The dispute over potential release during an arraignment for child pornography charges depends on the unique circumstances of a defendant. For example, if a search warrant is executed at someone’s home or place of business with the intent of searching for evidence of child pornography, and that person is not arrested at that time, a DC attorney might have them subsequently evaluated by a psychologist. The psychologist would perform a risk assessment that might be helpful in obtaining release.
Having a risk assessment done early in a case means a claimant could demonstrate to a judge that they do not pose a danger to the community, and therefore should be released while a case is pending. If evidence of illicit sexual material involving minors was found during an initial search, however, a risk assessment may not prove helpful.
Furthermore, while only limited information from the evaluation has to be disclosed to the judge or prosecution, it might make a persuasive case for releasing a client while their trial is pending. Without an assessment, however, it could prove difficult to get an accused individual released due to the potential mandatory minimum sentences associated with child pornography charges. Because of these nuances, a defense attorney could assess a defendant’s circumstances and advise them about the possibility of a release while a case is pending.
Like any criminal case, there are important elements a defendant should consider when deciding whether or not to enter a guilty plea. For example, if an accused individual is considering a guilty plea for child pornography, it is important to understand that there is a mandatory minimum sentence of five years in prison.
Additionally, if a charge is for possession of, or access with intent to view this illicit sexual material, these acts do not carry mandatory minimum sentences. Furthermore, it is also important to consider the collateral consequences of a conviction. For example, any charge child pornography usually comes with a long-term registration on the official sex offender list.
A charge might also entail a supervised sex offender treatment program, which includes polygraph tests and limitations on where a person could live and work. Beyond this, a convicted individual could lose their professional license or may be barred from working with or associating with children, as well as cause conflicts with any relevant issues regarding child custody and visitation.
After a criminal charge, you may feel overwhelmed and pressured to act quickly. However, it is wise to not try and negotiate with the government without the counsel of an attorney.
These cases are often complicated and without an attorney present, you might make statements that could be detrimental to any chance of a defense. Instead, an experienced lawyer could guide you through the DC federal child pornography arraignment process and work to ensure you have a strong defense.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.