Criminal Defense Lawyers

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.

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.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

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.