Mar 21, 2024

Miami Child Pornography Defense Lawyers

You never thought it could happen to you. One minute, you’re going about your normal life – working hard at your job, spending time with family and friends. The next minute, there’s a knock at your door and your world turns upside down.

You’re being accused of one of the most serious crimes imaginable – possession of child pornography.

First of all, if you’re reading this, we want you to know – you’re not alone. At Spodek Law Group, we’ve helped COUNTLESS clients in your exact situation.

We understand the fear, the confusion, the overwhelming anxiety you’re probably feeling right now. But here’s the thing – you have rights. And with the help of our skilled Miami child pornography defense attorneys, we can protect those rights and fight for your freedom.

Understanding Child Pornography Charges in Florida

Before we dive into potential defenses, let’s break down exactly what constitutes child pornography under Florida law.

Essentially, any image that depicts a minor engaged in sexual conduct can be considered child porn. This includes not just obvious sexual acts, but things like:

• Lewd exhibition of genitals
• Physical contact with a minor’s private areas, even if clothed
• Simulated sexual acts or battery involving minors

The penalties for child porn possession in Florida are SEVERE. We’re talking up to 15 years in prison and $10,000 in fines – per image. And that’s not even counting the damage to your reputation, relationships, and future prospects.

But here’s the important thing to remember – an accusation is NOT a conviction. The prosecution still has to PROVE that you knowingly possessed child pornography. And that’s where our battle-tested defense strategies come in.

Common Defenses Against Child Pornography Charges

Every case is unique, but there are some common defenses that can be very effective in child porn cases. Here are a few our attorneys have successfully used for our clients:

1. You Didn’t Knowingly Possess the Images

One of the most common scenarios we see is a client who had NO IDEA there was child porn on their computer. Maybe you share the computer with other people at work or home. Maybe a vindictive ex or hacker accessed your hard drive without your knowledge.

Whatever the situation, if we can show that you didn’t intentionally download or view the illegal images, that can be a strong defense. We work with digital forensic experts to analyze your devices and determine exactly when and how the files got there.

2. The Images Don’t Actually Depict Minors

Believe it or not, it’s not always clear whether the “children” in pornographic images are actually under 18. The prosecution has to PROVE the individuals’ ages.

If the supposed minors turn out to be adults, the child porn charges go out the window.

Our attorneys will carefully analyze each and every image, bringing in experts if needed, to determine the real ages of the participants. You’d be SHOCKED how often the prosecution gets this wrong.

3. The Evidence Was Obtained Illegally

As an American, you have powerful Constitutional rights – like the right against unreasonable search and seizure. If the police violated your rights in the way they obtained the evidence against you, we can argue to have that evidence thrown out.

Did the cops search your property without a proper warrant? Did they exceed the scope of the warrant they had? Did they coerce you into letting them search without explaining your right to refuse?

These are all issues our attorneys will investigate and raise with the court if needed.

4. You Took Steps to Delete the Images

Under federal law, if you find child porn on your computer, you’re allowed to delete it. In fact, if you have 3 or fewer images, deleting them can serve as a COMPLETE DEFENSE to possession charges. It’s called the “safe harbor” provision.

Now, this only applies in very specific circumstances. You have to delete the images as soon as you discover them, without sharing or viewing them further. But if you meet the criteria, our attorneys will make sure you get the benefit of this powerful defense.

You Don’t Have to Face This Alone

We know this is probably one of the darkest, most terrifying times of your life. Child pornography charges can make you feel hopeless and alone, like there’s no way out.

But we want you to know – there IS hope.

Our Miami child pornography defense lawyers have DECADES of experience fighting cases just like yours. We’ve gone up against Florida’s toughest prosecutors and won. We’ve gotten charges reduced or dismissed, kept our clients out of jail, and helped them put their lives back together.

Miami Child Pornography Defense Lawyers