Marietta Child Pornography Defense Lawyer

FIGHTING CHILD PORNOGRAPHY CHARGES IN GA

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.

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Practice Areas

Pre-Arrest & Pre-Warrant Services

Domestic Violence Defense

Juvenile Crime Defense

Sexual Assault & Rape Charges Defense

Child Molestation Defense

Child Pornography Defense

Drug Crime Defense

Probation Termination

Sex Offender Registration Removal

Title IX Defense

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.

Defenses to Child Porn Allegations in GA

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.

Legal Defenses in Child Pornography Cases

FAQ

1. What should I do if I’m being investigated for child pornography in Georgia?

Exercise your right to remain silent and immediately contact a defense attorney. Do not consent to searches of your electronic devices without a warrant, and never attempt to delete files or destroy devices, as this can result in additional obstruction charges.

2. What penalties might I face for child pornography in Georgia?

Georgia penalties include 5-20 years imprisonment per image for possession, mandatory sex offender registration, substantial fines, and potential lifetime monitoring. Federal charges carry mandatory minimum sentences of 5-15 years for first offenses, with enhancements for specific factors like volume of images or age of victims.

3. How can a lawyer defend me against these allegations?

Our defense strategies include challenging search warrant validity, examining digital forensic evidence for inconsistencies, determining if material was downloaded unknowingly, proving lack of “knowing possession,” and negotiating with prosecutors for reduced charges when appropriate.

4. Will my case necessarily go to trial?

Not all cases proceed to trial. Depending on evidence strength, we may negotiate favorable plea agreements or pursue pretrial dismissals based on constitutional violations or evidentiary problems.

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.

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What Should I Do If I Get Stopped For A DUI in Marietta?

Contact Our Criminal Defense Attorney 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 a Marietta criminal defense 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 a Marietta criminal defense attorney today: 770-919-9525.

What Our Clients Are Saying About Us

    
 
 
         
   JT McCracken 
 
 
 
 Trustindex verifies that the original source of the review is Google. Kim, Michael, and Kera did an outstanding job helping my family out. They were well organized and kept us informed every step of the way. We would highly recommend the Frye Law Group to anyone in need of their legal services.  5⭐️
  
 
        
   lee cohen 
 
 
 
 Trustindex verifies that the original source of the review is Google. Kim and her staff guided me through the most stressful period of my life. The word gratitude does not begin to express what having them in my corner meant. From my first phone conversation, I was assured that Kim and her team would go to bat for me and boy did they. They handled all interactions with the detective and advised me all along the way. I finally got the call from Kim that my case was closed. Up until this morning I could only pray for that call and bingo I got it. None of us know what is coming for us in this life but when we are hit hard, we need a solid fearless advocate. The Frye Law group is that advocate. Bless them I’m forever grateful for them I can breathe now!!!!!!!!!!
  
 
        
   C. McCall 
 
 
 
 Trustindex verifies that the original source of the review is Google. I'm incredibly grateful to the Kim Frye Law Group for guiding me through a long-overdue legal matter. Working with Kyle as my lead counsel, along with the entire team, they delivered an excellent outcome-my case was dismissed, ending a long and stressful situation. I can finally sleep easier. Thank you, Kyle, for your hard work and patience, and to the rest of the team for handling my case with such care. Highly recommend!
  
 
        
   Ed Shugga 
 
 
 
 Trustindex verifies that the original source of the review is Google. The team at Frye Law group is the best law firm. They work together as a team and very collaborative. They listen to the client and very supportive in every way to make sure great outcomes results. Kyle Denslow one amazing lawyer and very encouraging. Thank you the Frye Law group.
  
 
        
   Meg Nuns 
 
 
 
 Trustindex verifies that the original source of the review is Google. Awesome team. Highly recommend them.
  
 
        
   J T 
 
 
 
 Trustindex verifies that the original source of the review is Google. Kyle did an amazing job on my case, he and the Frye Law Group were always available when I had questions about my case. He was able to get me a great outcome, better then anything I was expecting.
  
 
        
   Penny McCrory 
 
 
 
 Trustindex verifies that the original source of the review is Google. Frye Law Group was the best choice for my traffic citation in Marietta Municipal Court. Michael was amazing at walking me through the steps of what was going to happen in court and his paralegal, Jillian, was so helpful with answering all my questions. I appreciate their help so much!
  
 
        
   Kim Wilkinson 
 
 
 
 Trustindex verifies that the original source of the review is Google. Testimonial for Frye Law Group I am writing to express my profound gratitude and satisfaction with the Frye Law Group. My experience with this organization was exceptional, far exceeding any expectations I had initially. The Frye Law Group demonstrated a comprehensive and insightful understanding of the complex bureaucratic landscape. While it is deeply regrettable that families must navigate such challenging, and often unnecessary, legal systems, the Frye Law Group proved to be my saving grace. The level of support, professionalism, and positive results I received stands unmatched compared to other agencies where I regrettably expended resources. I am incredibly thankful that I took the time to read the reviews, connect with previous clients, and ultimately choose the Frye Law Group. Engaging their services has proven to be one of the best decisions of my life. Thank you, Frye Law Group. I sincerely hope that all individuals needing expert representation find their way to your firm, as your service is 100% worth the investment.
  
 
  
 
  
 
   Google rating score: 4.9 of 5, based on 253 reviews