The Waltman Firm: Your Child Pornography Defense Attorney Marietta
Need a child pornography defense attorney in Marietta? The Waltman Firm has the experience and expertise to protect your rights. Call now for a free consultation.
Child Pornography Defense Lawyer in Marietta, Ga
A child pornography charge is a challenging and distressing issue. Violation of child pornography laws is a serious crime in Marietta, GA. Its conviction results in severe statutory penalties.
Child pornography involves creating, possessing, or distributing explicit material involving minors. It falls under sex crime laws, which fall under state and federal law. You could face charges even when you did not commit the crime. For example, where people use peer-to-peer (P2P) networks, other users may access files from your computers. If another person pulls child pornography from your computer, you may be charged under distribution.
A child pornography case calls for investigations and forensic evaluations of your computer to show intent. Defending yourself against such charges can be complex. Thus, consider the legal help of a defense attorney in Marietta who has skills on such issues.
At The Waltman Firm, we represent individuals facing allegations involving child pornography offenses. Further, we can advise you on the consequences and legal options to protect your rights. Read more and understand how we can help you navigate the complex legal system in Marietta, GA.
How Child Pornography Cases Work in Marietta
Under Georgia law, it is unlawful to possess or control any material depicting a minor’s body engaged in any sexually explicit conduct. Under Georgia statute, such material includes online files, videos, print materials, and photographs. Child pornography can also be a federal crime.
Types of Child Pornography Charges
Under Georgia’s law, any performance or recording involving a minor is illegal. The law also disregards the visual medium used to capture and create the content. Georgia laws charge child pornography offenses under the following:
- Distributing obscene materials
- Sexual exploitation of children
- Electronically furnishing obscene material to minors
- Violation of Computer Pornography and Child Exploitation Prevention Act. These include:
- Online chatting between adults and minors
- Sexual exploitation of children
The Legal Process of Child Pornography Cases
There are several stages involving the legal process of a child pornography case. These include the following:
- Investigations: It involves online monitoring or the discovery of explicit materials
- Arrest and Charges: Involves the suspect getting arrested and charged with relevant offenses under child pornography laws.
- Legal Proceedings: The suspect goes through bail hearings, arraignments, pre-trial motions, and trial.
- Sentencing: If found guilty, the defendant will face sentencing. These may include imprisonment, probation, fines, and entry into the sex offender registry.
Potential Penalties for Child Pornography Convictions
Violation of child pornography laws can lead to criminal charges. These may include imprisonment, fines, mandatory counseling, and mandatory registration as sex offenders. Georgia convicts child pornography as a sex crime.
The charges can either be misdemeanor or felony level, depending on the nature of the offense. These include the following:
- The offense of child molestation or aggravated child molestation
- The offense of enticing a child for indecent purposes
- Public indecency or unlawful engagement in sexual conduct against a minor.
The consequences for a felony conviction include:
- Imprisonment of five to twenty years, a maximum fine of $100,000.00, or both
- Mandatory registration as a sex offender.
However, there can be an exception where the offense may become a misdemeanor. A misdemeanor is punishable by up to 12 months of jail time, a fine not exceeding $1,000, or both.
Possible Defense For Child Pornography
There are several defenses to child pornography charges. These include:
Investigation or evidence
Where law enforcement officials have the content on their work devices; however, the material is for evidence against an individual.
When a person uses the images or materials for education-related purposes. For example, if a professor uses sexually explicit materials for a legitimate anatomy class.
If a minor creates or possesses a visual of himself or herself engaging in sexually explicit conduct. Creating the visual itself is not a crime, so long as they do not share it with anyone else or involve anyone else.
Multiple people could be using a single computer. Evidence could be found on the computer of downloaded and shared material. In that case, one could be accused of downloading and sharing sexually explicit material. However, your Internet Sex Crime Lawyer can challenge your involvement in the conduct.
Illegal Search and Seizure
The law enforcement officers could obtain the evidence illegally. It could involve police searching and seizing your electronic devices without a warrant.
The individual depicted in the visual medium was not a minor, i.e., if the person was 18 years or older at the time of the conduct.
Your attorney may challenge the prosecution testimony if you are falsely accused of a crime. Suppose the case is built on false accusations. In that case, your criminal defense lawyer may help you sue the party who accused you falsely.
How Your Child Pornography Lawyer Can Help
Registration to a sex offender registry can complicate your future life. It can also create tension within your community. Child Pornography Defense Attorneys in Marietta can help you with your case by:
Crafting a solid defense strategy for the specific circumstances of your case.
Challenging evidence brought against you in court. These include issues like search, seizure, and validity of warrants.
Negotiating plea bargains with prosecutors for reduced charges when appropriate.
Representing you in court by ensuring a fair trial. Also, ensuring your constitutional rights are protected.
Providing you and your family with guidance and support during this challenging time.
Addressing the legal complexities and ensuring compliance with the law.
Take Back Control of Your Life with The Waltman Firm
Navigating the treacherous waters of a child pornography charge can turn your life upside down. However, you don’t have to face it alone. From the complexities of Georgia law to the nuances of digital evidence, The Waltman Firm has the skills to challenge every aspect of your case. We fight to protect your constitutional rights, ensuring you get a fair trial. We offer robust legal defense and an empathetic ear. We provide the guidance and support you and your family need during this difficult time.
Don’t let a momentary lapse or a false accusation define the rest of your life. Act now to protect your future. Contact The Waltman Firm today for a confidential, no-obligation consultation. Take the first step in reclaiming your life and your freedom.