Child Pornography Attorney in River Oaks, TX
Accusations involving pornography or other inappropriate material with a child are serious and can have lasting ramifications under both state and federal law. A River Oaks child pornography lawyer understands the highly sensitive nature of these cases. If you or someone you know is being accused of crimes related to child pornography in River Oaks, call us now. We can help protect your rights, guide you through the criminal justice process, and fight for your future.
About The Law Offices of Tad Nelson & Associates
The Law Offices of Tad Nelson & Associates offers unmatched courtroom experience through its two leading lawyers. Tad Nelson is a former state prosecutor and Board-Certified Specialist in Criminal Law who has defended clients throughout Houston, River Oaks, and Harris County in high-profile, significant criminal cases. A River Oaks criminal defense lawyer can be a valuable asset to have on your side.
Amber Spurlock is a former Air Force JAG and federal prosecutor with extensive knowledge and experience in complex criminal investigations. We zealously advocate for our clients’ rights while maintaining the necessary sensitivity and discretion in cases involving child pornography laws. Our attorneys have been recognized by Super Lawyers, and our firm is Martindale-Hubbell AV Preeminent rated.
Understanding Child Pornography Cases in River Oaks
Child pornography charges are among the most serious criminal offenses in the state of Texas. Under Texas Penal Code §43.26, a person can be charged with the possession, promotion, or distribution of sexually explicit visual material depicting a minor. The court may sentence the convicted person to an extended prison term, together with expensive fines and mandatory registration as a sex offender.
Local state courts, such as Harris County District Courts, will prosecute any such charges vigorously, and the accused may also face federal charges with even harsher penalties if the distribution was done across state lines or through the use of the internet.
Federal charges can be under U.S. Code Title 18 §2252, for interstate distribution, receipt, and possession of child sexual exploitation material. It is wise to hire a child pornography lawyer who practices in your area because they will be familiar with local judges, prosecutors, and court procedures, and can leverage this to achieve the greatest possible outcome.
Defenses in Child Pornography Cases
Most child pornography cases rely on digital evidence, which can be misleading or can be the result of someone else’s actions. A River Oaks child pornography attorney can look at the details of your case and build an appropriate defense based on the details of your situation. Some common defense strategies include:
- Contesting that your search and seizure was not legal
- Contesting the legitimacy or origin of digital evidence, such as that found on computers, smartphones, and cloud storage.
- Looking into chain-of-custody mistakes that might jeopardize evidence used in court.
- Negotiating for reduced charges or penalties
- Seeking acquittal or dismissal based on a lack of sufficient evidence
These tactics call for experience in presenting intricate technical evidence to the court as well as a thorough understanding of state and federal child pornography laws.
Sentencing and Consequences
Of those convicted of child pornography, 45.8% were found guilty of possessing it, 43.1% of being found guilty of trafficking it, and 11.1% of being found guilty of receiving it, according to the United States Sentencing Commission.
Convictions for child pornography can have a lifelong impact. A first-time conviction in Texas can result in a 2 to 20-year sentence, and federal convictions can be over 30 years. In most instances, sex offender registration is mandatory. This has substantial personal and professional ramifications.
A person convicted of child pornography may face penalties including financial fines and probation requirements, as well as mandatory counseling and limitations on online activity. An experienced lawyer can diminish penalties, challenge sentence enhancements, and sometimes reduce charges or explore available pre-trial diversion options.
Hire a Child Pornography Lawyer
Representing yourself in a child pornography case without a skilled attorney is incredibly dangerous. The government possesses abundant resources and skilled digital investigators who will aggressively use any mistake to ensure a lifelong conviction.
An experienced River Oaks child pornography attorney can ensure your constitutional rights are upheld, the evidence is thoroughly investigated, and every defense is aggressively advanced. At The Law Offices of Tad Nelson & Associates, we understand the community, have trial experience, and possess the technical acumen to provide the confidential representation you need.
FAQs About Child Pornography in River Oaks
What Does a Texas Child Pornography Lawyer Do?
A River Oaks child pornography attorney represents individuals charged with crimes related to the possession, distribution, or creation of sexually explicit material involving minors. They scrutinize the evidence, contest illegal searches or digital forensics, negotiate with prosecutors, and craft defense strategies specific to the case. The goal is to uphold your constitutional rights and reduce potential legal consequences.
Why Should I Hire a Child Pornography Defense Attorney in River Oaks?
Child pornography attorneys know how to manage sensitive digital evidence and understand both state and federal child pornography laws. They are familiar with the local prosecutors, judges, and court processes in Texas that can have a tremendous impact on your case. An attorney can make sure your case is handled with discretion and protect your freedom.
What Are the Potential Charges Related to Child Pornography in River Oaks?
Charges may be brought for possession, promotion, or distribution, or making child pornography. Punishment can be enhanced based on the number of images, past convictions, or whether the offense was for resale. Texas law defines these offenses as possible third or second-degree felonies. It is a crime that requires registration as a sex offender. Charges can also be brought under federal law if materials are transported across state or national boundaries.
Is Possession of Child Pornography a Felony in River Oaks?
Yes, possessing child pornography is considered a felony in River Oaks, Texas. This can result in long prison sentences and substantial fines. A conviction also likely requires mandatory sex offender registration. Prior convictions or possession with intent to distribute can result in more serious charges, greater consequences, and, in certain situations, federal prosecution with even more severe repercussions.
Contact The Law Offices of Tad Nelson & Associates Today
Being charged with child pornography is a serious offense. If you have been accused, don’t wait to hire a child pornography lawyer. The Law Offices of Tad Nelson & Associates can help. Contact us today to get started.