Child Pornography Attorney in Montrose, TX
Facing child pornography charges in Montrose is a situation with the highest stakes. A single accusation can take your freedom, ruin your reputation, and shatter your future, whether you are convicted or not. A knowledgeable Montrose child pornography lawyer can walk you through each step of the legal process to protect your rights and future.
Montrose, in the heart of Houston, means your case will likely be heard in Harris County District Courts. Judges and prosecutors are familiar with sensitive digital evidence and severe felony charges. A Montrose criminal defense lawyer is critical to a successful outcome in your case.
About The Law Offices of Tad Nelson & Associates
The Law Offices of Tad Nelson & Associates proudly defend clients charged with serious criminal offenses in Montrose and all areas of Harris County. Our lawyers are Board Certified Criminal Law Specialists with over 50 years of combined experience and have been recognized as Super Lawyers and by Martindale-Hubbell for our legal skills and ethics.
We know child pornography charges can be particularly upsetting, and we handle every case with discretion and sensitivity. Our Montrose criminal defense lawyers can help you in your case.
Understanding Child Pornography Laws
Of those convicted for child pornography offenses, 45.8% were convicted for possession, 43.1% for trafficking, and 11.1% for receiving it, according to the United States Sentencing Commission.
Both state and federal laws make child pornography offenses illegal. U.S. Code Title 18 §2252 serves as the federal statute that prosecutes people transporting child sexual exploitation material across state lines and those who possess or receive these materials.
An individual can be charged under Texas Penal Code §43.26 for the possession, promotion, or distribution of sexually explicit visual material that includes a minor on the state level. An individual who is found guilty of this offense in court may have a longer prison sentence and fines, as well as registration as a sex offender.
Sentencing and Penalties
Being convicted of child pornography comes with serious, often lifelong, consequences. Even a first offense in Texas can result in time in prison. A federal offense can result in an even longer time. In many child pornography cases, registration as a sex offender is required. This can have significant personal and professional consequences.
In addition to monetary fines and requirements to serve a period of probation, a child pornography conviction could also require counseling and restrictions on internet use. Sex offender registration places limits on where a person can live and work as well.
Aggravating Factors That Can Increase Penalties
In Montrose and across Harris County, child pornography charges are not taken lightly by the prosecutors and the judges. In some cases, there are aggravating factors that will result in increased penalties, including more years in prison and a mandatory lifetime sex offender registration.
These factors can significantly influence how a case is charged, whether plea bargaining is possible, and the final sentence in the Harris County District Courts. Aggravating factors include:
- Possessing a large amount of materials. If a person possesses or distributes a large amount of photographs or videos, this can lead to increased penalties.
- Very young minors. If the minors depicted were considerably young, typically under the age of 12, this is seen as particularly severe and can result in enhanced consequences.
- Having prior convictions. Repeat offenders have a higher chance of receiving harsh penalties than first-time offenders.
- Going to great lengths to hide activity. Harsher penalties can be given to those who use technology to conceal their activities, such as data encryption or using secret sharing via the dark web.
A Montrose child pornography attorney can review your case for improper application of aggravating factors, file motions to suppress evidence, and work to reduce your sentence.
Hire a Child Pornography Lawyer in Montrose, TX
If you or a loved one has been accused of possessing or producing child pornography in Montrose or the surrounding communities, it is imperative that you immediately contact a competent attorney familiar with these types of allegations.
Child pornography charges can involve complicated legal issues, including electronic evidence, federal authorities, and severe mandatory minimum penalties. An attorney can examine the evidence against you, looking for possible issues with the way it was collected or uncover defenses that could result in a dismissal or a much lesser sentence.
FAQs About Child Pornography in Montrose
What Defenses Can a Texas Child Pornography Lawyer Use in My Case?
There are several defenses one can use when facing child pornography charges in Montrose. They could assert that one did not know about or intend to view or possess the material. A mistaken identity, unlawful search and seizure, or evidence tampering could be used as a defense. Your lawyer could claim that the files were downloaded by mistake or were automatically cached.
How Important Is Challenging Digital Evidence in Child Pornography Cases?
Challenging digital evidence is often at the heart of a child pornography defense. A well-trained attorney may contest the reliability of the forensic report, as well as the chain of custody and whether the defendant truly accessed illegal content. Faulty computer data interpretation or improper collection of digital devices can result in suppressed evidence or even dismissal of the case.
Can Mistaken Identity or Hacked Devices Be a Defense?
Yes, mistaken identity and hacked devices are real defenses in Texas child pornography cases. Issues of hacking and malware are appropriate defenses. Additionally, if a wi-fi space is shared, this can also be a viable defense. A defense attorney can call a forensic professional to show unauthorized access and lack of control over the files.
What Happens if Law Enforcement Conducts an Illegal Search or Seizure?
If law enforcement conducted an illegal search and seizure, it is likely that any evidence obtained from it will be suppressed. For this reason, evidence that was collected through unlawful means becomes inadmissible, which can be critical to the prosecution’s case success or failure. An attorney can look at the facts of your case to see if your search was illegal.
Contact The Law Offices of Tad Nelson & Associates Today
If you have been accused of child pornography, hire a child pornography lawyer right away. This can make a big difference in your future and freedom. Contact The Law Offices of Tad Nelson & Associates today to get started.