Building a Columbia Child Pornography Defense

A conviction for child pornography-related offenses could have serious, long-lasting consequences, including jail time, fines, and having to register as a sex offender. Those who have been charged with a child pornography offense should immediately seek help from a knowledgeable child pornography attorney. They could help you understand the charges and help ensure your rights are protected.

Speak with a skilled lawyer who has experience with building a Columbia child pornography defense.

Evidence Used in A Federal Child Pornography Case

The evidence typically used in federal child pornography cases includes file-sharing programs or sting operations. The main type of evidence involves logging what the file-sharing program, the IP address, the internet service providers, the ISPs, and information showing that the defendant had that IP address assigned to them. Additionally, law enforcement officers will seize the specific electronic devices that were in the location searched, extract that information, and attempt to prove that this person had the intent to either possess or disseminate child pornography.

Undercover Sting Operations

Also, law enforcement will often conduct an undercover operation in which they pretend to be a person who is either trying to obtain child pornography or acting as a minor. That is a situation in which law enforcement will try to log all communications with the alleged defendant to show later in court that there had been intent on the defendant’s part to either be in possession of or disseminate child pornography. A diligent child pornography lawyer may hire independent investigators to review the prosecution’s case when building a Columbia child pornography defense.

Constitutional issues That Could Arise

Constitutional issues commonly come up in child pornography cases. The most common is the Fourth Amendment, the right against an unreasonable search and seizure. The argument would be under the Fourth and Fourteenth Amendments of the United States Constitution. On a state level, it would be Article I, Section 10 of the South Carolina Constitution, which is a two-pronged right against unreasonable searches and seizures and a right against unreasonable invasions of privacy.

The next most common one would be the Fifth Amendment’s right against self-incrimination. This includes statements in which someone has been arrested, interrogated by police, questioned by police, and gave a statement that is incriminating. When building a Columbia child pornography defense, an experienced attorney will investigate the evidence to determine whether the defendant’s rights have been infringed upon.

How A Child Pornography Attorney Could Help

A child pornography lawyer will sit down with the defendant, ask all the hard questions such as what may be found on their seized laptops, computers, or hard drives, and get the answers needed to start building a Columbia child pornography defense. The more information the attorney has, the better they are able to defend the defendant.

The defense attorneys could also put together an independent investigation with expert witnesses to complete extractions of the electronics involved. They will be in a position to identify legal defenses and legal issues from a constitutional standpoint that may have been violated, such as the Fourth Amendment and the Fifth Amendment. Let a well-practiced child pornography attorney help you build a strong defense. Call today to get started.