Federal Child Pornography Lawyer
Attorney Edward J. Chandler, Esq. is located in Broward County Florida and a criminal defense trial attorney and is qualified to represent clients who have been accused of child pornography or any related offense.
Edward J. Chandler, Esq.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
Call today: (54) 788-1355
Serving Dade, Broward and Palm Beach Counties
Defense attorney Chandler will ensure you are provided with the defense you require to overcome the stigma and charges in your case. He will provide you with the highest quality defense and has the experience necessary to present the type of defense that will allow a jury to view the facts without being caught up in the nature of the charges made against you.
Serving Dade, Broward and Palm beach Counties since 1991, he has a thorough understanding of the complexity and details involved in defending against child porn charges.
There are many different charges that one can be charged with when accused of child pornography. The laws are complex and need a skilled hand to ensure the proper outcome for your defense. Some of the various types of charges that you can be accused of include:
* Possession of Child Pornography
* Possession of Obscene Material
* Peer to Peer Sharing
* Chat Rooms & Child Pornography
* Distribution of Child Pornography
* Enhancement
Attorney Chandler may challenge and dispute all evidence gathered against you and conduct an investigation to ensure there are no other mitigating factors. Retaining the services of Edward J. Chandler, Esq. will ensure you receive the best defense for your case. His primary goal is to avoid your conviction and provide you with continued freedom and good standing in your community. Call today at (954) 788-1355.
Federal prosecutors are prosecuting child pornography offenses regularly. Federal agent, with a file sharing program, such as LimeWire (now disabled) , Bit-torret, Pirates Bay, ect. or other, can sit at a computer in another state and send search terms that will identify computers with activated file sharing capabilities that have child pornography on them. Child pornography is defined in the United States Code as meaning:
................any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where–
A. the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
B. such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
C. such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
An agent can locate a computer with child pornography and obtain images from the computer using a file sharing program. The agent can then get the ip address of the computer and obtain a search warrant from the computer’s internet provider to obtain the physical address where the computer is located. The government will then gets a search warrant for the residence and the computer. All computers in the home are seized and arrests are made
Deleting Files does not help:
Do not believe that by deleting a file on a computer, the file is completely “wiped” off the computer. Law enforcement can send the seized computers for a complete forensic analysis and often files that a person thought had been deleted will be found in the computer’s unallocated space.
Distribution charges in federal court carry a five year mandatory minimum prison sentence
It is very important that a person who finds themselves in this position hire Edward J. Chandler, Esq. He will increase the chances that you may be released pending resolution of the charges. he can also arrange for a forensic analysis of the computer to determine if the alleged child pornography was inadvertently placed on the computer or if there is some other defense to the charges. He can determine if the images qualify legally as “child pornography.” he will analyze any “confessions” to determine if they are subject to a motion to suppress.
If you are facing state or federal pornography or child pornography charges, jurors view crimes against children as particularly egregious and unfair prejudice results from the charges rather than the actual surrounding circumstances. Child Pornography Charges May Include:
* Possession of Child Pornography ("Kiddie Porn")
* Receipt of Child Pornography via the Internet
* Distribution of Child Pornography (intentional or unintentional)
* Production of Child Pornography
What is Child Pornography?
Child pornography usually consist of videos, photographs, or other images of children, either portrayed in a sexual context or used for sexual gratification. You can be charged with possessing or receiving child pornography even is you are unaware that the materials are in your computer or have been deleted. Even deleting an image does not remove it from the computer's hard drive. State and federal investigators enter chat rooms, pretending be interested in receiving or trading child pornography. FBI agents or state law enforcement officers enter into a conversation that are sexual in nature. They offer to send or receive pornographic images to those interested. Federal investigators mark pornographic images with a special code that alerts them anytime they are transmitted over the Internet. Once you send or receive child pornography, an investigation is opened and law enforcement officers begin monitoring the online activity. There are many constitutional issues that involve entrapment, evidence, and the actions of investigators. Attorney Chandler can defend and assert the rights of those accused of possessing or sending child pornography.
Common Elements in Child Pornography Cases
In a child pornography case, the federal government through the U.S. Attorney's will have to prove at least three elements of the crime. The government's burden of proof is they will need to prove that the individuals in the images were indeed minors. In some cases the prosecution can meet this burden of proof just based on the appearance of the individuals alone, but other times it will have to find a witness who can actually identify the individual depicted. Second, the government has to establish that the images in question meet the legal definition of pornography - and are not simply depictions of nudity. Finally, the government must prove that the images were actually possessed, received, or distributed by the defendant and not someone else. It is not enough for the prosecution to show that the images were found on your computer. It must also prove beyond a reasonable doubt that no one except the defendant could have put them there.
Law enforcement officers know exactly what evidence they need to obtain from these interviews in order to seal the case against you, and they will use every interrogation trick in the book in order to obtain a confession.
Types of Child Pornography Charges
Child pornography charges fall into three general categories:
1. possession,
2. receipt
3. and distribution.
The consequences of any child pornography conviction are severe and the difference between the three types are very significant.
Receiving or Distribution of child pornography carries a harsh mandatory minimum prison sentence at least 5 years in federal court.
Distribution is also the act of "file sharing" or trading images with other people on the internet.
Federal Charges and Child Pornography
Under 18 USC 2252 of the federal code, a person accused of sending or receiving child pornography over the Internet could face various charges. Not only are there charges for possessing child pornography, there are also charges pertaining to the criminal use of a computer. However, there are issues that must be raised in regard to each kind of charge: did the accused intentionally receive illegal images? Was the accused sitting at the computer when his or her account was being used for illegal activity? Were all the images on a hard drive put there by the accused?
Providing a Defense for those Charged with Child Pornography
Federal investigators typically take months if not years to complete an investigation. In general, they attempt to gather enough evidence to ensure the accused is convicted. There are, however, certain factors in child pornography cases that can influence the court's decision regarding sentencing or charges.
If you are charged with a child pornography offense, call attorney Chandler today for a free consultation. (954) 788-1355.
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