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Posted on September 3, 2023 in Criminal Defense,Sex Crimes
If you have been accused of any crime involving or related to child pornography, it is critical to be proactive about protecting your legal rights. The first thing to do in this situation is to contact an experienced Phoenix child sex crime defense lawyer to provide you with invaluable advice and legal representation. An attorney can help you understand your options and protect your rights in this stressful situation.
You can and should hire a defense lawyer even before you are arrested if you hear that someone is accusing you of crimes associated with child pornography or sexual exploitation of a minor. An attorney can act quickly to try to prevent your arrest and protect your reputation, such as by convincing the prosecutor to reconsider the decision to charge you before the case gets filed.
For example, your lawyer may be able to gather evidence proving misidentification by the alleged victim, wrong defendant, alibi or a false accusation. A defense attorney can search for opportunities to argue that the case against you is not strong enough to proceed – avoiding a child pornography charge altogether.
If the prosecutor does proceed with the case and enters child pornography charges against you, do not resist arrest. Try to remain calm, remember your rights and remain silent until you have an attorney present. Cooperate with the arrest but do not give the police officers any information. You do not have to legally answer any police questions (except giving your name). Continue repeating that you wish to speak to an attorney until you are allowed to contact a criminal defense lawyer.
Call a child pornography defense attorney as soon as possible to defend your rights. Your lawyer can accompany you during interrogations or depositions to prevent the police from taking advantage of you or coercing a confession. An attorney can prevent you from saying the wrong thing and unintentionally incriminating yourself. Having a lawyer with you from the beginning can strengthen your defense and weaken the prosecutor’s case against you.
During a pre-trial hearing, you will be asked to enter a plea of guilty, not guilty or no contest. Pleading not guilty means that you are not admitting guilt to a child pornography crime and that your case will go to trial. If your attorney recommends submitting a not-guilty plea, he or she will prepare your case for court.
Defense strategies that may be used to combat child porn accusations include:
The other option is negotiating a plea deal; however, this means you are admitting guilt to the charge(s). This may not be the best choice based on your specific circumstances, even if it comes with a reduced charge or sentence. You may still have to register as a sex offender for the rest of your life, for example. You should never accept a plea deal without first obtaining legal counsel. A lawyer can assess whether a plea bargain is fair or if taking your case to trial is a better way to protect you.
Never confess to possessing or distributing child pornography materials. Use your right to remain silent and contact an attorney immediately if you are being accused of this crime. In the meantime, do not delete files or destroy any evidence. This may get you into deeper legal trouble. Instead, contact an attorney at AZ Defenders without delay for legal assistance and an aggressive defense.