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Possession of child pornography is one of the least desirable things anyone can be charged with. The initial shock of being charged, followed by embarrassment, and the potential loss of professional and social relationships can be overwhelming. It is a crime that is frowned upon by all of society- citizens, police, even inmates. It can all be a whirlwind, and typically is. Authorities call and start asking questions, or worse, show up and seize all your computer equipment on the spot. You would naturally assume that once the government has your computer, the game is over and so is the life and career you once knew.
In reality, it can be a lot of work for prosecutors to get digital evidence admitted into court, and choosing an experienced Austin child pornography lawyer to defend your case may be the most important decision you ever make. In every case, you should avoid speaking with police or investigators until you have gotten the advice of a competent Austin child pornography lawyer to defend your case.
Defending child porn cases can be based on a number of things:
- you did not knowingly or intentionally possess the images
- the images do not actually depict children or minors
- improper seizure of the computer or digital equipment by authorities
Hiring an expert in computer forensics is especially helpful, even if all the files were "deleted" from the computer. An expert can find the images and determine when they were downloaded to the computer (intentionally or not), when they have been accessed or viewed, as well as seeing if other users may have had access.
They can also tell whether the computer is infected with a virus, or if the images are located in a cache or temporary internet file, which would support the theory that the user may have had no idea they were present. It is also relevant to know if the computer was connected to a landline or wireless network, and if it was an individual computer or connected to a network or group. In any event, you can be sure the authorities have experts poking through the evidence. Having one on your side greatly evens the playing field in the defense of your possession of child pornography case.
In addition to computer experts, enlisting the help of a psychologist or psychiatrist who specializes in these areas is encouraged. Forensic psychologists or psychiatrists can evaluate the client and prepare a comprehensive report that may benefit the defendant. Initially, it can be used as a tool to encourage lighter offers from the prosecution based on lack of dangerousness.
Should that fail, the expert can present their opinion to the jury and/or judge in an attempt to minimize the defendant's culpability or perceived dangerousness, therefore keeping the penalty or punishment as minimal as possible. We encourage those charged with possession of child pornography to bring an expert on early in the case to prepare as strong a defense as possible.
Call our on-call attorney now to discuss your case.
No matter how complex your charges may seem, you can have peace of mind knowing our legal team is behind you. You aren’t in this battle alone. Get our Austin criminal attorneys on your side today.