As with all computer crimes, defense against child pornography charges involves sophisticated forensics work — one of the fortes of Ball & Hase in Arlington, Texas. We are former prosecutors with almost 30 years in practice as private defense attorneys. We have ample experience achieving favorable results for many, many people whose cases seemed hopeless before they contacted us. We are board-certified criminal law attorneys in Arlington ready to take your call or respond promptly to your email inquiry through this website. Call 817-412-7449, twenty-four hours a day.
Child Pornography Accusations Require Knowledgeable Attorneys And Aggressive Legal Defense
This firm defended the largest child pornography case in the United States in federal court. From our experience handling that case, and from the computer experts we engaged to assist us, we have a better understanding of computer evidence than many criminal defense lawyers.
Sometimes there are explanations for evidence contained on a computer that aren't readily apparent unless you have a good working knowledge of computers, data storage and other computer forensics. We have access to certified computer examiners to assist us with the highly technical aspects of these cases. Many people think that deleting an image or file on a computer will cause it to go away. This is not true. The file remains in unallocated space on the hard disk drive, unless it is overwritten with other data. Such evidence can be recovered by sophisticated law enforcement forensic software like Cellebrite, EnCase and others.
Internet child pornography cases are very difficult to defend because the jurors can see the images of children being assaulted. The district attorney's office in Tarrant County is very aggressive is prosecuting child pornography cases. Plea offers seldom involve probation, but rather prison confinement. Many child pornography and other computer crimes are prosecuted in federal court. The application of the United States sentencing guidelines provides harsh sentences imposed by federal judges. At Ball & Hase, we have considerable experience in these federal cases and have researched extensively the sentencing guidelines and their application to these offenses. Legal research and recent decisions of the United States Supreme Court provide sound arguments for federal sentences well below the guideline recommendations. As most people also know, there is mandatory sex offender registrations associated with convictions for child pornography crimes.
In The Event Of An Investigation
Keep in mind that law enforcement agents frequently show up at a client's home without notice. In an effort to appear cooperative, those under investigation consent to examination of their computer or other devices. This cooperation and consent removes valuable legal arguments to exclude damaging evidence. If you are visited by law enforcement seeking access to your home or computers, insist on seeing a search warrant. Do not provide consent and request to speak to an experienced attorney. Do not provide any statements to law enforcement.
The Addictive Aspect Of Child Pornography
Many people fall into the world of child pornography consumption and distribution unwittingly. Some become addicted to looking at adult pornography, which is legal, and then venture in the forbidden area of child pornography and feel unable to control their urges. There can be strong addiction component to these offenses.
When Other People Have Engaged In Illegal Activities On Your Computer Or Your Teenage Son Or Daughter Has Participated In 'Sexting'
Not everyone controls his or her computer. Teenage children and their friends, co-workers, custodians, ex-spouses, and others who have had access to one's computer have sometimes left "surprises" behind in the form of downloaded child pornography. Teenagers and preteens are sometimes themselves at risk of being charged with child pornography crimes after "sexting" with each other using cellphones provided by their parents (sending each other illegal images of themselves). Juvenile criminal defense may become essential for these young people to rescue their otherwise clean records.
The Time To Seek Legal Counsel Is As Soon As Possible
However your criminal charges alleging illegal activity involving child pornography came about, your situation is urgent, whether there is still an investigation going on or you have already been arrested. If you dropped your computer off to be serviced and then realized child pornography images were stored on the hard drive, we urge you to contact us immediately. We may be able to prevent criminal charges from being filed against you or mitigate the final result if charges are pursued.
Contact A Texas Attorney Right Away If You Have Been Accused Or If Your Computer Has Been Seized On Suspicion Of Child Pornography
Call 817-412-7449 twenty-four hours a day to request a confidential conversation with a defense lawyer. Your need for legal advice in this case is serious, and we are ready to help.