Marietta Child Pornography Defense Lawyer
FIGHTING CHILD PORNOGRAPHY CHARGES IN GA
Marietta Child Pornography Defense Lawyer
The social stigma surrounding child porn can severely damage your personal and professional life. You may find your normal support structure disappears once you face child pornography charges. The internet has made illegal content relatively easy to view and distribute. Unfortunately, many people mistakenly violate state and federal child porn laws.
At Frye Law Group, LLC, our Marietta child pornography defense lawyers understand the fear and anxiety you are facing. Law enforcement aggressively pursues these charges. Our experienced criminal defense team will tailor your case’s legal defense and provide aggressive representation. With a former public defender and prosecutor on your team, you can trust that we can build the strongest case possible.
Understanding Georgia’s Child Pornography Laws
Under both Georgia (§ 16-12-100.2) and federal law, it is unlawful to produce, distribute, view, or possess sexually explicit images of an individual under the age of 18. It is important to remember that child pornography is not merely an image; it is documentation of child exploitation. If it is sexually suggestive, an image may be pornographic even if it does not depict a child engaging in sexual activity.
During a child pornography investigation, law enforcement will search your computers, phones, tablets, hard drives, internet search histories and other sources for incriminating evidence. You may face child pornography charges simply by viewing an inappropriate image, even if you do not purchase or download it.
Child Pornography Penalties in Georgia
Most child pornography crimes are felonies involving up to a 20-year sentence under Georgia law. Federal law dictates that the first-time possession penalty is up to 10 years, and the first-time distribution or receipt penalty is five to 20 years. You will also face substantial fines and lifetime sex offender registration.
Types of Child Pornography Cases We Handle
At Frye Law Group, our legal team handles a comprehensive range of child pornography defense cases. Each case presents unique circumstances requiring specialized knowledge and tactical defense approaches:
Internet-Based Investigations
We regularly defend clients targeted in undercover sting operations where law enforcement poses as minors in chat rooms or on social media. These complex cases often involve entrapment issues and require expertise in digital evidence evaluation.
Possession Charges
Many clients face charges after allegedly possessing illegal images on personal devices. Our defense strategies include challenging search warrants, examining how material appeared on devices, and determining whether our client had actual knowledge of the content.
Distribution Cases
These serious charges arise when someone allegedly shares illegal content, whether intentionally or accidentally through file-sharing networks. We meticulously examine network configurations, user settings, and digital footprints to build strong defenses.
Federal Prosecutions
Child pornography cases frequently involve federal jurisdiction, bringing harsher penalties and different procedural rules. Our experience navigating both state and federal court systems ensures comprehensive protection of your rights regardless of venue.
Get A Free Case Evaluation
Defenses to Child Porn Allegations in GA
Our seasoned Marietta child pornography defense attorneys at our firm work as a team to build our cases. We will work together to create a strategic defense tailored to the specific facts of your case.
In Georgia child pornography defense cases, several legal strategies may be employed to challenge the charges. It may be argued that:
- You lacked criminal intent
- You unsuspectingly download pornographic content involving children
- Someone else viewed or downloaded child porn onto your device
For instance, it’s possible to argue that the defendant lacked intent to possess or distribute child pornography. For example, if illegal material was downloaded unknowingly or accessed by a third party, this can be a viable defense.
These defenses can result in dismissed charges or a “not guilty” verdict. The Georgia Court of Appeals has found that having child pornography in your cached data does not prove you knowingly possessed child porn.
Another common defense involves questioning the validity of the search warrant. If law enforcement violated the defendant’s Fourth Amendment rights during the search or seizure, the evidence obtained may be deemed inadmissible.
Handling digital forensic evidence is also critical. An experienced defense attorney may scrutinize how the evidence was collected, preserved, and analyzed to identify potential errors or tampering.
Given the complexity of such cases, having an experienced defense lawyer by your side can be beneficial for the outcome of your case. Your lawyer will review your computer data in detail, including your search histories and cached data, as it may contain vital evidence disproving the charges made against you.
Legal Defenses in Child Pornography Cases
Several legal defenses may be applicable in child pornography cases, depending on the specifics of each situation:
Mistaken Identity
Digital activity can be attributed to the wrong person, particularly when devices are shared or unsecured. Demonstrating that another party accessed the device can undermine the prosecution’s claims.
Entrapment
If law enforcement induces a person to commit a crime they otherwise would not have committed, this can form the basis for a defense. Entrapment claims require showing improper government conduct.
Unlawful Search and Seizure
Any evidence obtained without a valid warrant or outside the scope of a legal search may be inadmissible under the Fourth Amendment. This can significantly weaken the case against the defendant.
Lack of Intent
If the defendant unknowingly accessed or downloaded illegal material, this defense can challenge the assertion of willful possession or distribution.
These defenses require a meticulous review of evidence and expert legal strategy, highlighting the necessity of skilled legal representation.
FAQ
1. What should I do if I’m being investigated for child pornography?
2. What penalties might I face for child pornography in Georgia?
3. How can a lawyer defend me against these allegations?
4. Will my case necessarily go to trial?
Our Priority:
DISCOVERING YOUR STORY
You Need An Aggressive Defense Lawyer
Frye Law Group, LLC relentlessly defends its clients against child pornography charges. We understand the importance of your freedom and will do our best to clear your name and reputation.
Call our Marietta child porn defense lawyers at 770-919-9525 or use the online contact form.
Tell Us About Your Case
MOST SITUATIONS AREN’T BLACK AND WHITE. WE’LL LISTEN TO YOUR STORY AND HELP YOU FIND THE BEST POSSIBLE OUTCOME FOR YOUR CASE.
The Legal Process After a DUI Arrest in Cobb County, Georgia
Being caught up in a DUI arrest in Cobb County, Georgia, can be frightening and confusing,...
Is there a difference between DUI and DWI in Cobb County?
Ever wonder if there is a difference between DUI and DWI? No matter what state you’re in, it is...
DUI Felony vs. Misdemeanor in Georgia: What’s the Difference in Cobb County?
If you are arrested for DUI in Cobb County, Georgia, whether your charge is classified as a...
What Should I Do If I Get Stopped For A DUI?
Contact Our DUI Attorney In Marietta, GA Today
REPRESENTING THOSE IN COBB, BARTOW, CHEROKEE, FULTON, PAULDING AND DOUGLAS COUNTIES.
Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Paulding County Georgia, you should call an attorney as soon as you receive notice of your charge.
If you or someone you know has been charged with a DUI, contact our office at Frye Law Group today to begin your defense.
Got a DUI? Call 770-919-9525.
What Our Clients Are Saying About Us
