Kansas City Child Pornography Defense Lawyers
Olathe, Kansas, Child Pornography Defense Attorneys
Any kind of allegation involving child pornography can be extremely damaging to a person's reputation. But if you are charged with a sex crime for possession of child pornography, receiving child pornograhy or distributing child pornography, the penalties can be severe and the consequences can change your life. To begin with, under the Federal Sentencing Guidelines, you may face 10 to 20 years in prison depending on your criminal history and the number and kind of images that the Government alleges.
At the very least, the stigma attached to people who are associated with this kind of material and behavior is so deeply rooted in our society that this is one of the reasons we now have sex offender registries. This 'sex offender' label will be affixed to your identity, if convicted, and it will follow you everywhere in Kansas, Missouri and throughout the rest of the country. If you move, you will likely be required to notify every new county and state where you live and work of this status. Moreover, like most sex offenses, the charge and conviction can never be expunged from your record even if the state in which you reside has an expungement law. In other words, in addition to costing you your liberty, this charge may hand a 'scarlet letter' over your chest for the rest of your life.
This is why it is so essential to proactively protect yourself. At the Law Offices of N. Trey Pettlon, we understand this urgency surrounding allegations and arrests related to child pornography. More importantly, we know that not every accusation is true and that often there are other factors that come into play, such as the validity or the admissibility of the evidence being used against you .
If you are facing these serious allegations, please do not hesitate to come see us to discuss your situation at a free, confidential consultation. Contact us online today or call 913-393-2100. We take the defense of these types of sex crimes very seriously, because we understand everything you have at stake.
Constitutional Issues in Child Pornography Cases
As you may or may not be aware, the First Amendment right to free speech does not apply to child pornography. Actual children portrayed in a sexual manner is not protected by the first amendment because, according to Supreme Court decisions, viewing and distributing these images repeatedly harms the real, minor child that is portrayed in the photo or video .
Conversely, images that appear to show children under the age of 18 in sexual connotations may be protected by the first amendment if they are not actual children. The reason…no actual child was harmed in the publication and viewing of the photo. This is true whether the person portrayed is actually 18 or more and is being made to look younger by computer imaging or otherwise, or if the image is a virtual image and the person cannot be identified by the Government. Such evidence does not support a conviction.
If there is an investigation into this kind of matter, the first thing the US attorney's office will do is have an analysis of the images in question performed to see if the subjects are in fact, real minor children. Of course, the Government has vast resources to try to confirm the identity of the alleged children portrayed. Our attorneys will also conduct this investigation. Many times the Government will not turn over the images of alleged child pornography and they oftentimes resist turning over a hard drive containing the images even for a defense expert to review. In most cases it is imperative that a computer expert be retained to examine the digital images to help determine if the subjects are actual or virtual. It could make the difference between a conviction and an acquittal.
In addition to a First Amendment analysis, child pornography cases generally involve a possible Fourth Amendment defense. Law enforcement has to have a lawful right to examine your hard drive or any evidence collected from it will be suppressed and the Government will not be able to prove their case. In other words, how this evidence is collected is another crucial factor when it comes to defending someone charged with possession of child pornography. At our office, we have a great deal of experience defending clients' rights to be free from unreasonable searches and seizures. This could be pivotal in this kind of prosecution. If the images or the computer hard drive was seized illegally, the Court must suppress the evidence and in such cases, the Government must dismiss the case altogether.
Aside from the constitutional challenges, there is always the matter of proving that the images were knowingly possessed. It is a simple reality that any search of the internet for pornography oftentimes results in cookies or hidden images being surreptitiously imbedded on a person's hard drive without their consent or knowledge. They may have been surreptitiously stored on the hard drive without the user's knowledge and may never have even been viewed. These files may be encrypted or may have been downloaded inadvertently when you visited a seemingly harmless, completely legal website. In many cases there are images on a person's computer that they have no idea about. Again a computer expert is oftentimes necessary in cases involving allegations concerning child pornography. We have experience working with nationally-recognized computer experts in these cases, getting protective orders to allow the examination of the hard drive, and we have experience raising these constitutional challenges in Federal and State Courts in child pornography cases.
These Cases Need Knowledgeable Representation
The consequences are oftentimes long prison sentences, sex offender registration and a permanent record of your conviction. The Government has experts, and they have skilled prosecutors. You need a skilled legal team with experience handling these serious allegations. You may very well need forensic computer experts in your corner as well.
Although these cases can be prosecuted in State courts, almost all of them are prosecuted in federal court and the penalties are severe. In addition to severe sentencing guidelines, possession of child pornography is defined under the Ashcroft Act, as a violent felony, and as a result there are a number of other possible harsh consequences including the possibility of being remanded before sentencing and being designated for maximum security once you are sentenced to prison.
Our skilled defense team are familiar with the laws, the consequences, the possible defenses and bring a great deal of experience to the table when we defend our clients from these serious allegations. We have the resources. We have the knowledge. We have the passion to pursue justice. Whether you have been wrongfully accused, made a mistake, or the evidence does not support the charges or was improperly collected, you can count on us to find the right strategy to pursue a not-guilty verdict or a plea bargain you feel is reasonable. Contact us today so we can start working for you. We are here to protect your freedom and every facet of your life.
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