If you’ve been accused of child porn possession, the outcome of your case will depend on several factors. Your case will turn on the evidence that the prosecutor can introduce at trial, and the ability of your defense team to counter this evidence. It’s entirely possible to be innocent of wrongdoing, but for the prosecutor to have compelling evidence against you. Conversely, you could be guilty of the crime, but the authorities may not have a shred of evidence to convict you. Evidence in child porn cases is a complex issue, which requires the assistance of an experienced legal professional.
Many criminal cases end with a guilty plea. When it comes to child pornography and other sex crimes, you need to think carefully before accepting a plea. You cannot erase a child porn conviction from your record. As such, a plea should only be your last resort.
If you want to fight against your sex crime charges, call Roanoke Criminal Attorneys today at
(540) 343-9349, or reach out online to schedule your free and confidential case consultation.
Common Child Porn Evidence
Your case may involve any evidence that proves or disproves the elements of the crime of child pornography possession, which are:
- You knowingly possessed images or videos
- The videos or images were sexually explicit
- The videos or images depicted a minor
Typically, when a web server detects child pornography on a specific IP address, it’s reported to a local police department. The officers in this department then take over the case by visiting the alleged offender’s home, and seizing all electronics on the premises – and in the cars. From here, these devices are searched for files that depict a minor in sexually explicit activity or pose.
It’s important to note here that “sexually explicit” does not necessarily mean the videos or photos contain a minor engaging in sex acts. Child pornography can be photos of children dressed provocatively or otherwise.
Evidence in VA child porn cases can include:
Phone Data
More and more child pornography cases involve the use of phones. Whether you allegedly accessed child porn files or took videos, your phone and its contents may become the focus of your child porn case. The authorities will seize your device and retrieve its files – even those that may be hidden or deleted.
Computer Files
Similar to phones, a skilled technician can retrieve the data on your computer. Even destroyed hard drives may contain some useable data. Computer contents that may prove useful to the prosecution include more than visual material, because your emails and chat logs may also provide insight into the efforts you made to intentionally obtain the material.
How an Attorney Can Help
When someone accuses you of possessing child pornography, your defense attorney will need to act quickly in order to protect your freedom and your rights. Once allegations are made, your lawyer will immediately get to work to prove your innocence. While the prosecution works to prove that the parties depicted in the material are, indeed, children, your attorney will work to prove the opposite.
One way in which your lawyer will counter the prosecutor’s evidence is to seek the removal of evidence from the prosecutor’s case before the trial begins. If your computer was obtained from an illegal search, for example, that evidence could potentially be suppressed from the case.
Contact a Roanoke Child Pornography Attorney for Help
A child pornography conviction can ruin your life. With so much at stake, you owe it to yourself and to your family to fight against the allegations. This includes finding a reputable and dependable lawyer to handle the defense of your case. At Roanoke Criminal Attorneys, we will aggressively pursue every possible avenue for the defense of your case. Do not plead guilty to child porn possession before speaking with a Roanoke criminal defense lawyer.
To schedule a free evaluation of your case, contact us today at (540) 343-9349.