Child Pornography is any photograph, film, video, or computer generated image that portrays or depicts any minor in a sexually explicit fashion. Both the federal government and all individual states have criminalized the production, distribution, and possession of visual depictions of all kinds that portray any minor engaging in sexually explicit conduct. Furthermore, due to the nature of the crimes, the overwhelming public disdain relating to these offenses and the age of the victims, the legislatures have enacted and mandated severe penalties in connection with child pornography offenses. In fact, it is common to be faced with a five (5) year mandatory minimum sentence of incarceration for receiving or possessing one (1) child pornography image. However, many of the investigations are unearthing dozens, if not thousands of images, from each defendant, which will enhance a sentencing guideline of over ten years in prison.
Either State or Federal authorities can prosecute Child Pornography cases, however, the majority of cases involving child pornography in recent years have been brought in Federal courts, which have sentencing guidelines that are exponentially greater than similar prosecutions in state courts.
Whenever accused of an offense of this nature, that entails such serious repercussions, it is essential to immediately retain a skilled and experienced criminal defense attorney to protect your rights, preserve your reputation and aggressively defend against the allegations.
Criminal accusations of sexual misconduct and involvement with child pornography always elicit strong emotional reactions from the community and press; preconceived judgments; immediate assumptions about guilt or innocence; and lasting social stigma and/or intense media attention. When faced with criminal accusations involving child pornography, it is imperative to mount an aggressive and proactive defense to the charge(s). At times, the strongest defense is a powerful offense…
As an experienced and seasoned criminal defense attorney, Joe D’Andrea is well aware that many prosecutors and law enforcement agencies attempt to “try the case in the media,” influence the perceptions of the community, and skew the opinions and impartiality of potential jurors before the accused sees the inside of a courtroom. However, with experience comes knowledge, influence and power: knowledge of the prosecution’s strategies and tactics; influence and long-standing relationships with the local media outlets; and power to potentially minimize damage, preserve reputation and ensure fair treatment.
After the case is taken out of the “court of public opinion,” the actual “court of law” assumes jurisdiction. At this point, an experienced criminal defense attorney, such as Joe D’Andrea, can assist in negotiating the terms and conditions of bail in order to secure the liberty of the accused while contesting the allegations. Furthermore, the firm has access to the services of a sophisticated network of skilled, experienced and respected experts and investigators, which most notably includes former state, local and federal law enforcement agents. In many cases involving allegations of sexual misconduct, use of such experts and investigators is an absolute necessity. For instance, a scientific expert or psychiatrist may be needed to refute the prosecution’s evidence, or an investigator may be needed to look into matters such as fabrication of allegations by the victim; victim and/or witness credibility; and/or motivations behind fabrication of allegations.
When facing prosecution for a child pornography offense, there may be several ways to successfully defend the case that will depend upon the underlying factual circumstances. In this type of case, the defense needs to be tailored to the underlying factual circumstances. A “cookie cutter” defense is an unsuccessful defense. After consulting with the client and making a thorough review of the case file; a seasoned and knowledgeable attorney, such as Joe D’Andrea, can determine the best way to defend and proceed with a case. Based upon his meticulous review, preparation, and experience, Joe D’Andrea has made a habit of picking apart “slam dunk” or “air tight” cases as a matter-of-course.
If you have been charged with a child pornography offense, you are almost certainly facing a potentially lengthy period of incarceration – if convicted. However, it is imperative to remember that a lengthy term of incarceration in a local, state or federal prison is just the start of a “prison” sentence… If convicted of a child pornography offense, then you will almost certainly be permanently labeled as a “sex offender.” This is a life-long stigma that will most likely require sex offender registration and notification under Megan’s Law. Also, classification as a “sex offender” often impacts your future employment prospects, housing options, and being listed on several sexual offender locator websites.
Remember, if you or a loved one is charged with or under investigation for a child pornography offense, then it is imperative to preserve and protect your/their rights. Retaining an experienced criminal defense attorney to protect those rights should be done immediately. Facing criminal charges can be life altering in many ways. Do not hesitate in retaining a skilled, experienced and aggressive criminal defense attorney to protect your rights, your reputation and your future. Joe D’Andrea’s practice has been exclusively dedicated to providing aggressive criminal defense for the accused for nearly forty years. Protect yourself, protect your rights.
You may get only one phone call, so make it the right one. Call Joe D’Andrea.