Child Pornography Attorney in Friendswood, TX
Few crimes carry the stigma of possession of child pornography charges. Whether you accidentally downloaded the content or your private internet searches were being monitored, the consequences of a conviction could leave you facing serious child pornography penalties. A Friendswood child pornography lawyer can use their knowledge of child pornography laws to fight your charges and seek a favorable outcome that protects your freedom.
Why You Should Choose The Law Offices of Tad Nelson & Associates?
At The Law Offices of Tad Nelson & Associates, we’ve handled many possession of child pornography cases and understand when to rely on an established defense strategy and when to explore a more novel approach. We never take a cookie-cutter approach to navigating these types of cases because every case is unique and every defendant deserves a full range of options for fighting their charges.
Our legal team draws on decades of trial experience to defend clients facing serious allegations. With more than 400 jury trials and consistent recognition in Super Lawyers, our founding attorney sets a standard of excellence that shapes how we handle complex criminal cases. You can rely on our team for discretion, precision, and a tireless commitment to protecting your rights.
Understanding Child Pornography in Friendswood
Child pornography offenses are among the most aggressively investigated and prosecuted crimes in Texas. These cases often begin when internet activity is flagged by a service provider or when a tip is submitted to law enforcement through a national reporting system.
Child pornography includes cases that involve the possession, promotion, or online solicitation of explicit material involving minors. Friendswood law enforcement works alongside regional task forces to investigate and respond to these crimes. Possession and distribution charges can be brought under state or federal law.
In August 2024, a man was arrested in the Autumn Creek area of Friendswood after authorities from the Galveston County Sheriff’s Office and the Houston Metro Internet Crimes Against Children (ICAC) Task Force executed a search warrant on Falling Leaf Drive.
Investigators found child sexual abuse material stored on electronic devices, leading to three felony charges of possession of child pornography. Suspects in cases like these are typically booked at the Galveston County Jail, which is located just south of Friendswood, though some may be transferred to federal custody depending on the charges.
Statewide, the U.S. Sentencing Commission reported that 1,408 child pornography cases were sentenced in federal court in Texas, accounting for 2.2% of all federal convictions in the state. The Texas Office of the Attorney General’s Cyber Safety and Child Exploitation Unit reported 527 arrests and 704 convictions in 2024 for crimes including online solicitation of a minor and promotion of child pornography.
These numbers do not reflect the many additional arrests made by local departments in Friendswood neighborhoods such as Forest Bend, West Ranch, and Mission Estates, where digital crime investigations are often initiated and can quickly result in criminal charges.
How Child Pornography Charges Are Investigated
While it is easy to fall into the trap of believing that anything you download from your computer is 100% private, the truth is that law enforcement agencies continuously monitor online activities. Undercover agents may frequent forums where child pornography is sold and traded. Internet service providers also report customers who download child pornography.
In other cases, a co-worker or household member may report a suspect to law enforcement.
Once a suspect is identified, investigators typically seek a warrant to search the suspect’s electronic devices, including computers, phones, and external storage.
Digital forensics teams then examine these devices for illicit material, metadata, and communication records. Even deleted files can be recovered and used as evidence. Investigators may also look for evidence of distribution or intent to share, which can elevate the severity of the charges.
When Child Pornography Charges Can Become Federal Crimes?
While the internet makes most child pornography cases eligible for federal prosecution, many of these cases are handled at the state level. Often, the deciding factor that determines jurisdiction depends on who investigates the case.
If the investigation begins with a local police department or state-level task force, the case is usually prosecuted in state court. If federal agencies like the FBI or Homeland Security lead the investigation, the case is far more likely to result in federal charges.
Federal resources are often used to conduct large sweeps that result in multiple arrests. Federal agents may focus their efforts on individuals and groups that distribute child pornography. Many state-level cases involve individuals who possess the material, although both jurisdictions handle high and low-level cases.
What To Do if You Are Under Investigation?
If you learn that you are under investigation for a crime, it’s important to act quickly and cautiously. You have the right to remain silent. Do not speak to law enforcement unless you have an attorney with you, even if you believe you have nothing to hide.
You could mistakenly say something incriminating, and investigators are trained to gather admissions without directly accusing you. Investigators may even intentionally mislead you about what evidence they have or do not have as a means of pressuring you into admitting guilt or conceding information that helps them build their case.
Avoid deleting files, disposing of evidence, or contacting potential witnesses, as these actions can be seen as obstruction. As soon as you can, contact an experienced criminal defense attorney who understands the state’s child pornography laws and how to defend clients in court.
An attorney can communicate with law enforcement on your behalf and protect your rights, helping you avoid costly mistakes. By keeping the details of your case private and avoiding discussions with anyone other than your attorney, you reduce the risk of saying something that could be used against you.
What To Expect After Your Arrest?
After your arrest, you will be taken into custody and transported to the nearest jail for booking. There, you’ll be fingerprinted, photographed, and processed. Within 24 to 48 hours, you will appear before a magistrate judge who will inform you of the charges and determine whether you qualify for release on bond. If bail is granted, it may come with conditions such as travel restrictions or no-contact orders.
From there, your case moves into the pretrial phase. This includes hearings where your attorney can challenge the evidence, file motions, or begin negotiating with the prosecution. The majority of criminal cases are resolved through plea bargaining, where the prosecution makes an offer that could involve reduced penalties or charges.
If the defendant takes the offer, there may be strict conditions that must be completed as a condition of the plea agreement, such as probation, counseling, community service, or payment of fines. Defendants also have the right to demand a trial before a judge or jury.
If the case proceeds to trial, a court date will be set. This option can lead to exoneration for the defendant, but setting a trial date could considerably delay the criminal case timeline. Whether a case resolves through motions to suppress evidence, plea bargaining, or trial, the strength of the defendant’s legal representation plays a critical role in shaping the outcome.
Effective Legal Defense Strategies
The effectiveness of your criminal defense strategy plays a critical role in influencing the outcome of your case. One effective strategy could focus on whether you were the person who downloaded the online material.
If multiple people had access to your computer or if the prosecutors lack substantial evidence that you downloaded the child pornography, your attorney could argue that the state has no case against you, and your charges should be dropped.
Another defense strategy could focus on whether you intended to download the material in the first place. Often, this defense relies on how the material was downloaded. If it came as part of a larger download of non-illicit material, your attorney could argue that you did not knowingly download the pictures or videos. This greatly reduces the criminal intent of the offense and can lead to a favorable resolution for your case.
The prosecution’s job is to prove that you knowingly downloaded material that clearly depicts underage minors. Any steps that your attorney takes to cast doubt on the prosecution’s case can strengthen your chances of winning your case.
Why You Should Hire a Child Pornography Lawyer?
When your freedom and future are on the line, your first course of action should be to hire a child pornography lawyer who understands your rights and how to find weaknesses in the prosecution’s case.
A Friendswood child pornography attorney brings years of experience handling these types of cases, and they understand when to follow an established defense strategy and when a client could benefit from a novel approach.
At every step of the way, your attorney can keep you up to date with the status of your case so you are not left in the dark. A criminal defense attorney can fight your charges or focus on negotiations with the prosecution aimed at securing a favorable plea bargain agreement.
If needed, your lawyer can take your case to trial, where a judge or jury decides whether any crime was committed. During a difficult time, having an advocate who is willing to fight for you can provide you with the emotional support and reassurance you need to see your case through.
FAQs About Child Pornography
What Counts as Child Pornography Under Texas Law?
Under Texas law, child pornography includes any visual depiction of a minor engaged in sexual conduct. This covers photos, videos, and digital files, regardless of whether they were downloaded, shared, or stored. In Friendswood, possession of even a single image can lead to felony charges. Texas courts treat these cases severely. Immediate legal representation is critical for protecting your rights and securing a case outcome that avoids serious jail or prison time.
Can I Be Arrested for Content I Did Not Know Was Illegal?
Yes, you can be arrested for content you didn’t know was illegal. Texas law allows charges to be brought even if the content was downloaded unknowingly or automatically. In Friendswood, investigators may not consider intent before making an arrest. A defense lawyer can analyze the origin of the files, past user activity, and forensic reports when clearing you of wrongdoing. Accidental possession can be a viable defense, but timing is critical.
What Are the Penalties for Possession of Child Pornography in Friendswood?
Penalties for possession of child pornography can include prison time, mandatory sex offender registration, fines, and permanent damage to your reputation. Possession of child pornography is a felony in Texas. In Friendswood, judges and prosecutors pursue these cases aggressively. The potential penalties increase with the number of files found in your possession or prior offenses.
How Is Digital Evidence Used in These Cases?
In these cases, digital evidence plays a central role in the prosecution’s case and your approach to defending yourself. Any evidence found on your computer could be used against you in your case. Digital evidence includes hard drives, cloud storage, mobile devices, and browsing history. In Friendswood, police often use forensic software to recover deleted files or encrypted data.
How Can a Lawyer Defend Against Child Pornography Charges?
A lawyer can defend against child pornography charges by disputing ownership of the files. A defense attorney may also look for weaknesses or inconsistencies in the prosecution’s case. In Friendswood, successful defenses may focus on mistaken identity, malware infections, or illegal searches. Your attorney’s role in challenging the state’s case is central to your defense.
Speak With a Friendswood Child Pornography Lawyer Who Gets Results
Charges involving child pornography can lead to some of the harshest legal consequences in Texas, from felony convictions to lifelong registration on the sex offender list. The outcome of your case may depend on how quickly your legal team can evaluate the evidence used by the prosecution and potentially challenge its admissibility.
At The Law Offices of Tad Nelson & Associates, our legal team includes a former U.S. Air Force Assistant Staff Judge Advocate and a criminal trial attorney with memberships in both the Texas Association of Criminal Defense Lawyers and the National College for DUI Defense. We understand how to defend your rights in serious felony cases. Contact our office today to schedule your consultation.