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Memphis Child Pornography Defense Lawyers
Well, this sucks. I’m really sorry you find yourself in this situation. Getting charged with anything related to child porn can turn your life upside down real quick. Believe me, I know – I’m a defense lawyer who specializes in these types of cases.I deal with panicked people all day long who made some bad choices online and suddenly the FBI is knocking down their door. It’s scary stuff. My goal here is to walk you through the process so you know what to expect. I‘ll also give you some tips on finding a lawyer, understanding the charges and possible penalties, building your defense, and getting through this.
Contents
The Shock and Confusion of an Arrest
That first day after the cops raid your house and slap the cuffs on is usually filled with fear and adrenaline. People describe feeling numb, nauseous, unable to eat or sleep. Totally normal reaction.Your mind is probably racing with questions like:
- What the hell just happened?
- What was on my computer that got me arrested?
- What are they going to find when they search my stuff?
- How much trouble am I in?
- What do I tell my family and friends?
- How do I make this go away?
I know it’s really hard not to panic. But take some deep breaths and let me break this down for you…
The Charges Against You
Most federal child porn charges fall under 18 U.S. Code Chapter 110, which covers things like:
- Receiving or distributing child porn
- Possessing child porn
- Producing child porn
- Transporting or shipping child porn
The specific charges depend on what the cops found on your computer. The penalties get pretty severe based on the number and type of images, if kids under 12 are depicted, if you were selling or trading the material, etc.![child porn charges](https://cdn.substack.com/image/fetch/w_1456,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic%2Fimages%2F87422a2f-c6b1-4de0-85b0-5984e39e0658_ will explain all the charges at your first court appearance. For now, don‘t panic and don‘t try to guess. Just know that a skilled defense lawyer can often get charges reduced or even dismissed.
Finding the Right Lawyer
You need someone who specializes in federal child porn defense specifically. This area of law is complex with lots of tech and forensics involved.Ideally find someone local who regularly handles these cases in your district court. Check out their credentials, client reviews, and win record.Here are some attorney directories that might help:
- NACDL Child Pornography Defense Attorney Database
- AVVO Guide to Child Pornography Lawyers
- Child Pornography Lawyers on Lawyers.com
If money is an issue, don‘t worry. There are public defenders and low-cost legal aid options too. Just make sure whoever represents you knows this specific area of criminal law.
Understanding the Evidence Against You
The prosecutor has to prove “knowing” possession, receipt, or distribution beyond reasonable doubt. So your lawyer will look closely at:
- What files were found on your devices
- Were they in unallocated space or cache?
- Did you actively download and organize them?
- Can they prove you opened and viewed the files?
- Can they show you knew the content and ages of the people depicted?
This evidence will determine what charges apply and how strong their case is. Information is power, so make sure your lawyer really understands the forensics.
Building Your Defense Strategy
There are often good defenses in federal child porn cases. For example:
You didn’t “knowingly” download it:
- The files were cached or embedded without your knowledge
- You accidentally accessed the material without realizing
- Someone else used your device without permission
The material doesn’t meet the legal definition of child porn:
- It depicts adolescents over the age of 17
- It’s artistic nudity not sexual in nature
Your 4th Amendment rights were violated:
- The search warrant contained false/misleading info
- They seized devices or accounts that weren’t covered by the warrant
A skilled lawyer will look at every angle to get charges dismissed before it gets to sentencing. Because if it does go to sentencing…
Understanding the Sentencing Guidelines
The baseline sentencing guidelines for federal child porn convictions are no joke:
- Receiving/distributing – 5 to 20 years per offense
- Possessing – 0 to 10 years per image
- Producing – 15 to 30 years per offense
So for example, if you‘re charged with receiving 10 images, your starting point would be a 50 to 200 year sentence!Obviously, judges rarely go that high. But it gives you an idea of how crazy these guidelines are. The whole system needs reform if you ask me.Anyway, your lawyer’s job is to present mitigating factors to the judge to get you the lowest sentence possible. Things like:
- Minimal criminal history
- No actual abuse or production
- Possessed a small number of images
- Seeking counseling and treatment
- Strong family/community support system
The judge has some flexibility to consider these things and go below the guidelines. But you gotta fight for the lowest number of months they‘ll allow by law.
Surviving the Pre-Trial Phase
The months leading up to your trial or pleading out the case can be really stressful. You may deal with:
- Media coverage and public scrutiny
- Job loss or damage to your career/reputation
- Custody issues if you have kids
- Relationship problems – breakup/divorce
- Anxiety, depression, trouble coping
Lean on your support system, talk to a counselor, and take it one day at a time. Stay busy with work, hobbies, exercise – anything healthy to distract your mind.And vent to your lawyer if you’re feeling overwhelmed! We expect meltdowns and freakouts. Just no suicidal threats or we have to call someone.
Should I Take a Plea Deal?
Many child porn defendants end up pleading out rather than facing trial. The evidence is usually pretty damning.Your lawyer will go over the pros and cons of making a deal or “rolling the dice” with a jury. Every case has different considerations.Just remember that pleading guilty does not always mean prison time. In some cases probation or house arrest is possible. Don‘t assume the worst!
What Happens After Prison?
If you do end up with a prison sentence, understand that people with child porn convictions often face:
- Multi-year probation with restrictions
- Registration as a sex offender
- Limitations on using computers/internet
- Ongoing counseling and treatment
- Restrictions on living near schools, parks, etc
I won‘t lie to you…it’s a rough road even after doing your time. But plenty of people move forward and rebuild their lives.
Focus on your treatment, support network, and finding purpose through work or volunteering. There are always brighter days ahead if you stay determined.I hope this overview gives you a better idea of the legal process and the battles ahead. Remember to breathe. And let your lawyer handle the details while you take care of yourself mentally and physically.You can get through this. Now go give someone a hug.