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New Jersey Distribution Of Child Pornography Defense Attorney
Contents
- 1 New Jersey Distribution of Child Pornography Defense Attorney
- 1.1 New Jersey Child Pornography Laws
- 1.2 Penalties for Distributing Child Pornography in NJ
- 1.3 Finding an Experienced Child Porn Defense Attorney
- 1.4 How Can a Lawyer Defend Against Distribution Charges?
- 1.5 Should I Accept a Plea Deal or Go to Trial?
- 1.6 Are Child Porn Charges Defensible in Court?
- 1.7 Can Charges Be Reduced from Distribution to Just Possession?
- 1.8 Conclusion
New Jersey Distribution of Child Pornography Defense Attorney
Being charged with distributing child pornography in New Jersey triggers severe criminal penalties and intense public stigma. These complex cases require an experienced sex crimes defense attorney to handle.
Under New Jersey law, it is a serious felony to knowingly produce, distribute, or possess child pornography. Even peripheral acts like sharing links can lead to multi-year mandatory minimum prison sentences if convicted.
So if you are under investigation or have been arrested for distributing child porn in NJ, it is critical to retain legal counsel immediately. An aggressive lawyer can analyze the prosecution’s case for weaknesses and build a strong defense focused on achieving an acquittal or getting charges reduced.
New Jersey Child Pornography Laws
New Jersey prohibits all forms of child pornography through statute 2C:24-4. This includes:
- Producing and manufacturing child sexual abuse material
- Distributing, transporting, publishing, or selling child pornography
- Possessing or viewing child pornography
“Child” refers to anyone under 18. Charges apply even if you did not produce the material yourself.
Penalties for Distributing Child Pornography in NJ
Penalties vary based on the specifics of the case, but commonly include:
- 3-5 years mandatory minimum prison per distribution charge
- Fines up to $150,000
- Parole supervision for life
- Megan’s Law sex offender registration
The more severe the nature of the material and the wider its distribution, the harsher the sentence upon conviction. The penalties add up quickly when facing multiple charges.
Finding an Experienced Child Porn Defense Attorney
If you are charged with distributing child pornography in New Jersey, it is imperative to retain legal counsel with specific experience defending these complex cases. Look for a lawyer who:
- Focuses on NJ sex crimes and child porn defense
- Has represented distribution defendants before
- Is familiar with the prosecutors and courts
- Has obtained successful case results
Don’t take chances on your defense. Vet attorneys thoroughly and find one with a proven track record handling these allegations.
How Can a Lawyer Defend Against Distribution Charges?
While child porn charges are challenging to fight, an experienced attorney can pursue arguments such as:
- You did not actually distribute the material
- You were not aware of the material’s illicit nature
- You did not intend or solicit the material
- Mistaken identity (you were not the perpetrator)
- The files do not meet the legal definition of child porn
An aggressive defense lawyer will work tirelessly to undermine the prosecution’s version of events by highlighting contradictions, credibility problems, lack of evidence, and procedural errors.
Should I Accept a Plea Deal or Go to Trial?
Your attorney will advise if pleading guilty in exchange for reduced charges makes strategic sense based on the circumstances of your case. But you should be extremely reluctant to accept any plea that includes long-term imprisonment and sex offender registration.
If viable defenses exist, your lawyer may recommend rejecting any plea offers and taking your case to trial. An acquittal on all charges should be the top priority.
Are Child Porn Charges Defensible in Court?
While society rightly condemns child pornography, experienced defense lawyers know how to attack weak cases by highlighting reasonable doubt. Some examples:
- You did not knowingly possess or distribute the material
- Someone else used your computer or IP address
- You were conducting legitimate research
- The files were sent to you without consent
Before losing hope, speak to a lawyer about the specifics of your case. There may be more ways to fight than you think.
Can Charges Be Reduced from Distribution to Just Possession?
Potentially, yes. Your attorney may be able to negotiate with prosecutors to reduce your charges from distribution to simple possession in exchange for a guilty plea. While still serious, possession brings lower penalties than distributing child porn.
However, your lawyer will only recommend this if it is truly in your best interests given the particulars of your case. Their goal is avoiding any outcome that includes long incarceration and sex offender registration.
Conclusion
Defending against child pornography distribution charges in New Jersey is difficult but not hopeless. An aggressive criminal defense lawyer can often get allegations reduced or dismissed by exploiting flaws in the prosecution’s case.
Don’t assume you have to plead guilty and serve a lengthy mandatory minimum prison sentence. Fight back. With an experienced attorney highlighting deficiencies in the state’s evidence, you have strong chances of acquittal or conviction on lesser charges.
While the stakes are high, viable defenses frequently exist. Protect your future through zealous legal representation – it’s your best weapon against devastating child porn convictions.
References
[1] New Jersey Child Pornography Law – 2C:24-4
[2] Department of Justice on Federal Child Pornography Laws
[3] NJ Court Rules 1:20 – Attorney Ethics