Avoiding Conviction on Philadelphia Child Pornography Possession Charges

Avoiding Conviction on Philadelphia Child Pornography Possession Charges

Being charged with possessing child pornography in Philadelphia can feel overwhelming. However, with an experienced defense attorney on your side, it may be possible to avoid conviction. This article will discuss defenses that have been used successfully in Philadelphia to fight child porn possession charges, as well as steps to take if you are being investigated.

Understanding the Charges

Child pornography laws in Pennsylvania are no joke—even simple possession of sexually explicit images of minors is a felony offense. Under 18 Pa.C.S. § 6312, penalties for possessing child porn include up to 7 years in prison and fines up to $15,000 for a first offense. With each subsequent offense, the possible prison term increases.

Prosecutors don’t need to prove you intended to break the law, only that you knowingly possessed the illegal images. And “possession” is defined broadly, including digital files stored on a computer or cellphone.

So if you’ve been charged with child porn possession in Philadelphia, it’s critical to understand the charges and start preparing your defense strategy immediately.

Fighting Possession Charges

There are several defenses that skilled criminal defense attorneys have used successfully to avoid child porn possession convictions in Philadelphia:

Illegal Search and Seizure

If police seized your electronic devices or conducted a search without proper warrants, your lawyer can file a motion to suppress the evidence. Fruit of the poisonous tree and exclusionary rule defenses argue that any evidence gathered illegally cannot be used against you.

Lack of Knowledge

Your lawyer may be able to show you were unaware the images were on your devices. For example, files could have been placed there by malware or without your consent. Lack of knowledge is a powerful defense against possession charges.

Misidentification

Mistaken identity is another potential defense strategy. Your lawyer will scrutinize if police correctly identified you as the perpetrator, or if evidence points to someone else.

Statute of Limitations

Depending on when the alleged offense occurred, your lawyer may successfully argue the statute of limitations has expired, barring prosecution.

Mental Health

A diminished capacity defense based on mental health issues may apply in some child porn possession cases. An experienced criminal defense lawyer can advise if this is a viable strategy.

Steps if You Are Under Investigation

If federal or local Philadelphia law enforcement contacts you regarding a child porn investigation, remain silent and immediately retain legal counsel. Never speak with investigators without your attorney present.

Follow your lawyer’s advice about preserving electronic devices and other evidence. Do not tamper with or destroy potential evidence, as this can lead to additional charges.

Understand that investigators use deceptive tactics to elicit confessions. Be wary of explanations that downplay the severity of charges or promises of leniency. The only thing that matters is avoiding a conviction, so let your lawyer handle all communication.

Choosing the Right Lawyer

Because child pornography charges carry severe penalties and stigma, it is critical to have an assertive lawyer on your side in Philadelphia. Look for an attorney with specific experience defending child porn possession cases.

Opt for a lawyer that will thoroughly examine the prosecution’s evidence and aggressively pursue suppression or dismissal if violations of your rights occurred. You want an attorney that will take your case to trial if necessary, not one that will pressure you to accept any plea deal.

Personality also matters—make sure you choose a lawyer you trust and feel comfortable confiding in. Defending against child porn charges involves revealing sensitive details, so mutual trust is key.

The Bottom Line

A child pornography possession charge in Philadelphia does not have to lead to conviction and imprisonment. With an experienced criminal defense lawyer, you may be able to avoid prosecution by asserting legitimate defenses.

Do not delay in seeking legal counsel if you are contacted regarding a child porn investigation. A skilled lawyer can protect your rights, examine the evidence, and build a strong defense to defeat the charges. Thorough case preparation and an assertive legal strategy can make all the difference.