Criminal law prohibits the possession, receipt, distribution, and production of sexualized images of children under the age of 18. The laws regarding child pornography charges provide for very harsh consequences upon conviction . A defense attorney will thoroughly review your case, answer any questions you may have, and develop a child pornography defense near Columbus.
Hire a Criminal Defense Attorney
If you suspect that you may be under investigation for child pornography, it is imperative to retain the services of a defense attorney immediately, even if law enforcement officials have not yet interviewed you and you have not yet been charged with a crime. Given the gravity of the situation, it’s essential to avoid making any mistakes. Your defense attorney can coach you on avoiding mistakes such as discussing the investigation with anyone except your lawyer and answering a police officer’s questions without having your lawyer present. Additionally, the sooner you hire a criminal defense attorney, the sooner he or she can begin preparing for your child pornography defense.
Understand Searches and Seizures
During the course of a child pornography investigation, the authorities will attempt to obtain a search warrant to seize potential evidence, such as your computer, data storage devices, and similar items. To conduct a legal search and seizure , the police must have a search warrant, your permission to conduct a search, or probable cause. If the police do not have a search warrant or probable cause, you have the right to refuse to give your permission for the search.
Enter a Treatment Program
Your defense attorney may recommend entering into a treatment program for sex offenders before you have been formally charged with a crime. While participating in a treatment program will not affect your chances of acquittal, it may improve your chances of receiving a less severe sentence. A judge may be more likely to grant a variance in federal court or a departure in state court, which is a deviation from the sentencing guidelines.
Exercise Your Legal Rights
It is possible that you may be taken into custody. If this happens, ask to call your criminal defense attorney immediately. Additionally, you can ask whether you’re going to be placed under arrest, and if not, whether you’re free to leave. Remember to never answer any questions outside of the presence of your defense attorney.