(CP) Illegal Images

Aggressive C.P. Defense Lawyers

There is perhaps nothing more traumatic than being accused of the possession, distribution, production or receipt of illegal child pictures or videos. The lawyers of Cave & Freeburg, LLP, have many years of experience in successfully defending these cases and can help you every step of the way.

Allegations of having or distributing illegal images are difficult to defend due to the immense emotional and political responses they create within the public and with juries, making the resulting trials even more unfair. But good and innocent people can be and often are charged with these offenses. Too often the rights of the Accused are ignored as people and prosecutors rush to judgment. But the military defense lawyers of Cave & Freeburg, LLP, are here for you.

Unlike with many other defense lawyers, pleading guilty is an option of last resort with Cave & Freeburg, LLP. When we take a case, we force the U.S. Attorneys to prove their case beyond a reasonable doubt. We take nearly every case to trial and fight the allegations in front of a jury of your peers. You and your future is our main concern. We will work on your case from day one, always fighting aggressively to save your future.

We cannot sugarcoat this. CP allegations are very serious. The federal law, 18 U.S.C. 2252, lays out a maximum punishment of up to 20 years in prison per charge, and, in many cases, a mandatory minimum sentence of 10 years in prison. You could be facing these severe penalties even though you have never committed a crime before and have never been in trouble.

We at Cave & Freeburg, LLP, have multiple strategies for defending against allegations relating to child pornography. These defenses include:

Accident. You may not have known that there were files of child pornography within your possession. Unfortunately, this is very common. Many websites have large collections of legal, adult pornography and also have samples of illegal, child pornography hidden within. It is a defense that you did not know that you downloaded or possessed the illegal files.

Share Drive. Many times the alleged child pornography is contained on an external hard drive or other device with multiple users. The federal prosecutors must prove beyond a reasonable doubt that you were the user responsible for the contraband files or images. In cases where this defense may be viable, Cave & Freeburg, LLP, works with the best digital forensic experts (DFE) in the world to develop this defense and save your future.

Suppression. Allegations involving child pornography are such a priority for federal law enforcement that they often cut corners and violate Constitutional rights in order to investigate them. In these situations Cave & Freeburg, LLP, conducts a thorough investigation and then files what is called a “suppression motion” in order to get the case thrown out. When this is successful, you cannot be prosecuted.

Entrapment. Many websites or chat rooms that contain child pornography are actually run by law enforcement, especially the FBI. A possible defense can be that you did not originally plan to download the illegal content but were convinced to do so by law enforcement.

Not Child Pornography. Law enforcement often assumes that images involve minors when in fact they do not. For example, there was 23 year-old actress in pornographic films that was often assumed to be underage by law enforcement. Many people were initially prosecuted for possessing her videos until her age was established. There is no scientific way to conclusively prove that someone past puberty is under-18. In cases where this may be an issue, Cave & Freeburg, LLP, works with some of the best pediatricians in the world to show that the prosecution cannot prove that anyone was underage in the charged images or files.

Another version of this defense involves the possession of what is actually “child erotica.” Child erotica are legal images involving people under 18. The U.S. Supreme Court laid out what are known as the Doss factors which describe the difference between legal child erotica and illegal child images. In many cases, it is necessary to legally examine each image to see which category it falls under. In some cases, none of the charged images are actually illegal!

If you are are under investigation for the possession, distribution, receipt or production of child pornography, you cannot wait to retain a military defense lawyer. The earlier we can start defending you, the higher the chances of success. These cases are complex and difficult but military defense counsel with a proven track record in courts-martial under the UCMJ can help you.