Defense Investigations in DC Child Pornography Cases
Being accused of or charged with child pornography can be a difficult experience because of how these allegations are treated by law enforcement and prosecuting agencies. A defense investigation in a DC child pornography case should thoroughly analyze the facts of the case to find potential issues in the prosecution’s investigation as well as any possible defenses.
A proactive child pornography lawyer can help if you are facing these allegations. They can work with experts to analyze the evidence the prosecution has against you to build a defense that can give you the best chance of a positive outcome.
DC Defense Investigations
When developing a defense in a child pornography case, a thorough investigation and understanding of the child pornography prosecution is absolutely essential. This means getting the assistance of defense experts who have a background in computer forensics and malware viruses as they relate to child pornography. In many child pornography cases, it also helps to have a psychological evaluation of the accused to better understand their sexual proclivities. A licensed psychologist may be able to determine whether someone would act on sexual preferences for children. Understanding a defendant’s psychological profile and their background, their experience around children, their personal and medical history or family situation are all helpful in exploring legal defenses to child pornography cases and arguments to mitigate the penalties one might be facing.
To convict someone of child pornography charges, prosecutors must prove that an individual knowingly possesses child pornography as opposed to accidentally possessing it. Viruses or malware could place images on someone’s computer without their knowledge. Therefore, it is important to investigate how certain images ended up on a person’s computer or cell phone and where they originated from.
Even if an individual discovers potentially illegal images that were included in a download of legal material, attempting to delete them may not necessarily completely wipe them clean from a computer. FBI agents conducting a search warrant on a someone’s computer may find images of child pornography the individual unknowingly downloaded and attempted to delete upon discovering them. These are all potential defenses to allegations of possession of child pornography that need to be thoroughly investigated with the assistance of technical specialists who can challenge the government’s evidence.
Evidence the Prosecution Will Have in Child Pornography Cases
The first and most important type of evidence prosecutors need to present in a child pornography case is the alleged images of child pornography. These are most often obtained with search warrants on a suspect’s computer, cell phone, or laptop. Prosecutors must present the methodology by which they extracted the images, especially if they used forensic experts to retrieve the alleged images from someone’s computer, cellphone, or mobile device. They also must prove that the individual depicted in the images is actually under 18 years of age. If prosecutors cannot prove this, they cannot prove that the images actually constitute child pornography. Prosecutors present images and testimony to argue that the physical characteristics of the person depicted in alleged child pornography are consistent with someone who is prepubescent and therefore is under 18 years of age. In borderline situations where an individual depicted could just as easily be 18 or 17, a prosecutor may not be able to prove that the image is illegal.
The most common constitutional issue in child pornography cases arises in a government search of a private citizen’s personal effects. That may include a search of a person’s computer, home, or mobile device. Whenever the government searches or seizes someone’s private property, they need to be able to establish a constitutional basis for doing so. In child pornography cases that means the basis the government had for obtaining and executing a search warrant and whether it was legal. A defense investigation must look for any evidence of constitutional issues that arise in the prosecution’s investigation.
Discuss Defense Investigations in DC Child Pornography Cases
It is important that the defense conduct a thorough investigation to be able to fight against allegations of child pornography. If you were charged or have reason to believe you are under investigation, reach out to an aggressive attorney. The sooner an attorney is on your case, the sooner they can begin conducting a defense investigation in your DC child pornography case. Call today for a consultation.