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Bakersfield Child Pornography Criminal Lawyers
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The Severe Crime of Exploiting Children
The crime of producing, distributing, or possessing sexually explicit images and videos of children, known as child pornography, is one of the most severely punished offenses in our legal system, at both the state and federal levels.If you or someone you know finds themselves accused of this crime, it is imperative to immediately retain legal counsel and avoid disclosing information to anyone else, including law enforcement. Anything you say could be used against you, so it is critical to have an attorney protecting your rights from the earliest stages of an investigation.
The Harsh Legal Landscape
Under our state’s laws, it is a felony offense to knowingly produce, share, sell or even possess pornographic material depicting minors under 18. The legal definition encompasses any visual media showing children’s private areas or depictions of inappropriate sexual activity. Such cases can bring over a decade of imprisonment along with steep fines over $50,000.Federal laws are similarly uncompromising. Merely possessing or distributing such illegal material over state lines via computer or mail invokes severe mandatory minimum sentences under federal sentencing guidelines.
Common Ways Charges Arise
With the prevalence of digital media, many child pornography cases begin with sting operations targeting online forums and file sharing networks. Police pose as sellers or buyers in order to catch perpetrators attempting to traffic in such abhorrent material.In other cases, investigations originate from tips made to law enforcement, often by technicians at computer repair services who discover suspicious files. Still other cases begin with raids stemming from unrelated investigations into drug trafficking, financial schemes or other organized illegal activity where such images or videos surface unexpectedly.No matter the origin, the ensuing criminal case places an unimaginable burden upon the accused to prove their innocence against evidence seemingly painting an unambiguous picture of guilt.
The Uphill Battle of a Defense
The multifaceted job of a defense lawyer in these cases is to scrutinize every facet of the prosecution’s arguments and evidence.They will look for any plausible alternative explanation, any way to cast doubt upon criminal intent. Was prohibited material truly knowingly downloaded and kept? Might files have been inadvertently cached or malware installed without the accused’s knowledge? Could another party have accessed a computer without authorization?While the facts may seem overwhelmingly against their client, even a single weak point in the prosecution’s narrative could be enough for an acquittal when held to the strict standard of proving guilt beyond reasonable doubt.With so much at stake, those finding themselves accused have only one real option – to secure counsel able to fiercely defend them against such horrific allegations. The road will be long and difficult, but maintaining innocence until proven guilty is the foundation of our justice system.