Criminal Defense
Federal Child Pornography
Dedicated Federal Criminal Defense Attorney Skillfully Handling Cases in the Southern District of Florida
Federal child pornography charges are among the most serious cases prosecuted in the federal court system. If you’re convicted of a federal child pornography offense, the penalties will change the course of your life in the worst way possible. At Lowry Legal, we understand the challenges these cases raise and are committed to providing a comprehensive defense for those facing federal child pornography charges and other sex crimes. As a former prosecutor and defense attorney with more than 20 years of experience, Attorney Lowry knows what it takes to secure the best possible result in even the toughest cases.
Types of Federal Child Pornography Charges
Federal child pornography charges cover a range of actions involving illegal images or materials depicting minors. Most cases of child pornography in the federal court system involve one or more of the following charges:
- Possession: Possessing any form of child pornography, whether images, videos, or other materials, is a federal crime. Even if you didn’t create the material, possession alone can lead to significant penalties.
- Distribution: Distribution charges are brought when the government believes you shared or transferred child pornography materials, including through digital methods like email, messaging apps, or social media. Distribution charges generally carry harsher penalties than possession alone.
- Production: The production of child pornography involves creating, filming, or photographing images or videos involving minors. Not surprisingly, the production of child pornography is considered one of the most serious charges and carries equally serious penalties.
- Receipt and Transportation: Federal law also penalizes the receipt and transportation of child pornography. This can involve downloading or accessing files online or physically transporting materials across state or international borders.
Each of these charges carries the potential for lengthy prison sentences, fines, and lifetime registration as a sex offender. Given the stakes involved, defending against federal child pornography cases is challenging and requires an experienced approach to ensure that your rights are protected.
Child Pornography Investigations and Arrests
Federal child pornography investigations are often conducted by agencies like the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS), frequently in cooperation with local law enforcement. Investigations may begin with information from an Internet Service Provider (ISP) or technology company that reports suspected illegal activity. Authorities use specialized tools to monitor and track online activity, sometimes leading to months of investigation before an arrest is made.
The arrest process in federal child pornography cases can involve:
- Search Warrants: Federal agents may secure a search warrant to gather evidence, such as computers, phones, or storage devices. The warrant must be supported by probable cause, and any evidence collected improperly could be challenged in court.
- Seizure of Digital Devices: Electronic devices, including computers, external drives, and even cloud storage accounts, may be searched or seized as part of the investigation. In many cases, a forensic analysis is conducted to look for illegal material.
- Questioning: Law enforcement may attempt to question you before or after an arrest. It is important to exercise the right to remain silent and to have legal representation present during any questioning.
Facing an investigation or arrest on federal child pornography charges is a serious matter, and it’s not something you should attempt to navigate on your own. At Lowry Legal, we are immediately available to represent your interests, regardless of where your case is in the process.
Defenses to Child Pornography Charges
Although federal child pornography charges carry some of the harshest consequences in the federal system, there are several defenses that can reduce or eliminate your exposure. At Lowry Legal, we examine every aspect of a case to determine the most effective defense strategy. Some of the defenses we’ve successfully used in the past include:
- Lack of Knowledge: In some cases, individuals may unknowingly possess or access illegal material. For instance, files may be downloaded without intent or stored on a shared device without the individual’s knowledge. Demonstrating a lack of knowledge can be a strong defense.
- Illegal Search and Seizure: The Fourth Amendment protects against unlawful searches and seizures. If law enforcement did not follow proper procedures when obtaining evidence, such as failing to secure a valid search warrant, any evidence gathered may be challenged and potentially excluded from the case.
- Faulty Search Warrant: Search warrants must be specific and supported by probable cause. If there are flaws in the search warrant, or if it was obtained with insufficient evidence, it could be grounds to suppress the evidence found during the search.
- Third-Party Access: In cases where others have access to the devices in question, it may be possible to argue that someone else was responsible for downloading or possessing the illegal material. This defense can be effective when there is evidence indicating that another party had access to the devices or accounts involved.
These defenses, among others, can help in reducing the charges you face or even having the case against you dismissed. Each federal case is unique, and it’s essential to work with an experienced Broward County federal child pornography lawyer to explore all available options for defense.
Get Started on Your Defense by Speaking with Our Broward County Federal Child Pornography Defense Attorney
If you’re facing federal child pornography charges, it’s crucial to have a defense team that understands the federal court system and is ready to protect your rights. A conviction can carry life-altering consequences, but an experienced Broward County federal child pornography lawyer at Lowry Legal can help you navigate the system toward the best possible outcome. Contact us today to discuss your case and learn more about how we can help you build a strong defense. You can reach us by phone at 954-908-6222 or through our secure online contact form. We proudly serve clients throughout Broward County including Fort Lauderdale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Miramar, North Lauderdale, Oakland Park, Pembroke Pines, Plantation, Pompano Beach, and Sunrise.