A child pornography charge is very serious. It can attract a hefty penalty and jail time and scar your reputation forever. Don’t forget the impact it will have on your personal and professional relationships.
If you or someone you know is being accused of this, it is important to act quickly and try to fight back against your child pornography charges. The steps you take early can have a big impact on the outcome of your case. Read on to understand the options available for a child pornography charge.
1. Use Your Right to Remain Silent
Once you find out you are being investigated or charged, the most important thing to do is stay silent. Police may try to get you talking with the promise that your confession will “help your case.” During the confusion and panic, most people forget that anything they say can be used against them in court.
Even something that seems harmless can be gravely misinterpreted. Therefore, don’t answer questions or try to explain yourself without speaking to a lawyer.
2. Hire a Criminal Defense Attorney
You need an experienced criminal defense attorney as soon as possible. It is advisable to hire someone who has dealt with child pornography or sex crime cases since such charges are considered serious offenses.
A skilled attorney will know how to examine the evidence presented against you and build a strong defense strategy. Don’t make the mistake of trying to handle the case on your own or relying on advice from friends or the internet. The sooner you get a lawyer involved, the better your chances of protecting your future.
3. Take Time to Understand the Charges and Evidence
Not all child pornography charges are similar. You may be charged with possession, trafficking, or receiving. Each charge comes with different penalties. For example, a first-time offender charged with producing child pornography may serve 15 to 30 years in a maximum-security prison.
Your lawyer can help you understand the evidence being used against you. In many cases, this involves digital files, internet activity, and computer data. Sometimes, people are wrongly accused because of hacking or sharing things that have malware. Therefore, it is important to carefully go through everything.
4. Start Considering Possible Defenses
There are some defenses that can apply to your case, such as you didn’t know the child pornography material was on your device. Other defenses include:
● Lack of intent, for instance, a typing mistake on your browser opened a child pornography site.
● Evidence or material was illegally collected.
● Lack of knowledge that those portrayed were minors.
● The content is not child pornography.
In such a case, only a lawyer can determine what defense is best for you based on your situation.
5. Consider Plea Bargains or Diversion Programs
Your attorney may be able to negotiate a plea deal. This could mean getting a lesser charge or reduced sentence in exchange for a guilty plea. A plea bargain is not necessarily the best choice for everyone, but it can help in avoiding the long trial process.
For first-time offenders, there is the option of exploring alternative programs like counseling or treatment-based resolutions. These options are not guaranteed, but nevertheless, you should ask your attorney about them.
6. Prepare For the Impact
Since child pornography can lead to jail time, sex offender registration, and other damages to your personal life, being mentally and emotionally prepared is necessary. If you are struggling with fear or stress, consider talking to a therapist.
Conclusion
Facing a child pornography case is scary and overwhelming. However, regardless of how bad it seems, you still have rights, and there are legal options available. The most important thing you can do is stay silent and lawyer up.