Sexual Exploitation of a Minor Child – Child Pornography

Understanding Possible Defenses That Can Be Used for Sexual Exploitation of a Minor and Child Pornography

There are many defenses that can be used to help you if you have been charged with sexual exploitation of a minor or child pornography, or both. In order to be convicted, it must be proven that you “knowingly” possessed, recorded, filmed, photographed, duplicated, developed, sold, purchased, transported, or electronically transmitted or received any visual depiction of a sexual conduct with a minor or exploitive exhibition.

If it can be proven that you did not knowingly do any of those things, then it is very possible for the charges to be dismissed. Take for example that you are being charged with such charges because naked pictures of a minor were found on your work computer. If there were other people rather than yourself who had access to the computer, then it becomes much more difficult for the state of Arizona to pinpoint you as the offender. This type of defense tends to be especially valuable if you have no prior sex crime convictions.

If our law firm chooses to pursue your charges with this type of defense, we will do all we can to provide evidence that directly contradicts the evidence being presented by the prosecutor of the case. Generally, when Sexual Exploitation of a Minor takes place, the defendant’s computer will be confiscated and certain technical procedures will be conducted to trace the IP address and passwords that were used in relation to the crimes that took place. In addition, a clone of the hard drive is typically created so that no accusations can be made saying that someone tampered with the electronic device, such as adding images to it to falsely accuse the defendant. There is a good chance that we can have access to this hard drive to build the defense of your case.

If you inadvertently came across pictures on your electronic device, we can also use this as part of your defense case. In doing this, we can prove that you were knowingly possessing or exchanging inappropriate images. It is important, however, that if you come across such pictures and you realize what they are, that you report them immediately. The law in Arizona will typically immune someone of such charges as long as they report it in a timely manner, with the timely manner range being within three days.

Contact the Dwane Cates Law Group Today

Because we have handled such a high volume of Sexual Exploitation of a Minor and Child Pornography cases, we are confident we can handle your case in the most effective manner possible. We have access to a massive library of information that allows us to create the best defenses against these charges. We always look at your case from a variety of angles, ensuring that all possible defenses are created and used to have your charges either dismissed or lowered.

We understand the seriousness of these charges and we do not want to see you convicted. As we have already pointed out, the possible punishment and penalties that go along with convictions to these charges are extremely severe. We will assess your case from beginning to end, including whether or not you were properly read your Miranda Rights. If you were not, this could be a possible defense that can be used to have the entire case dismissed.

We will also assess whether you were denied your right to Counsel. Take for example you have been arrested for Sexual Exploitation of a Minor and you are taken to the police station before being transported to the local detention center. At the police station, a detective interviews you but you ask to speak with a lawyer. If the detective asks even one more question without allowing you to contact an attorney, this is a denial of right to Counsel. Depending on any other charges you are being charged with, a denial to the right to Counsel is another defense that could possibly have your case thrown out.

There are many procedures involved in charging someone with Sexual Exploitation of a Minor, including computer analysis, financial accounting reviews, hard drive data removal, and many more. If the police did not approach each of these procedures according to law, then you will have a strong defense for having the case dismissed.

Contact us today to learn more about building a strong case against Sexual Exploitation of a Minor and Child Pornography charges. We are here to assess all details of your case and we will deliver the best outcome possible.