Penalties for child pornography convictions can vary dramatically. Under both state and federal law it is illegal to possess, distribute, or produce child pornography. It is imperative that you work with an experienced federal criminal defense attorney — even if you are being investigated or have been charged with state offenses. It’s important to understand that child pornography cases can move to federal court at any time during the investigation.
Working with an experienced federal criminal defense attorney from Rawls, Scheer, Clary & Mingo can prevent the need to change change lawyers during the process should the case be moved to federal court where the stakes are much higher. Whether you’re under investigation, think you may be, or have been arrested, under no circumstances should you talk with law enforcement until you’ve spoken with a lawyer from Rawls, Scheer, Clary & Mingo for a free consultation.
Mr Rawls provided great representation and advise. This was my first time being accused and Mr Rawls was fantastic in walking me through the process. He eventually got my case thrown out of court. I would highly recommend him to anyone being accused.
Law enforcement with evidence that you have used a particular device to access child pornography can easily get a warrant to seize that device. Data or evidence retrieval from that device is possible regardless of condition, passwords, file deletion, or even its location. It’s a federal crime to hide or destroy evidence. How your computer, hard drive, or other devices are managed before they are searched is something that must be driven by a lawyer as early in the process as possible.
If a person is being prosecuted in state court, your lawyer can give you a good idea of the potential penalties very quickly. Federal sentencing for child pornography are vastly more serious and the severity of those penalties can vary widely, with many factors influencing sentencing, including the amount of material in the person’s possession, if there has been any distribution of material, any prior criminal history, profit motive, etc. An experienced federal criminal defense attorney knows a sentence can’t be predicted until the case is well underway and that all the evidence against the client has been presented.
Federal sentencing guidelines are driven by the presumption that those consuming child pornography are either active or potential child molesters. Those guidelines have come under scrutiny due to the lack of evidence supporting such connections, but that doesn’t alleviate federal statutory minimums. It’s important to note that conviction at the federal or state level requires registration as a sex offender, regardless of the the severity of sentencing. Sex Offender Registry
Whether your case will be prosecuted in the state or federal court system is often a matter of coordination between the investigating law enforcement agencies. Child pornography is one of the areas of law where prosecution can take place in either court system.
At the very moment you believe that you may be in trouble, or believe that you may be under investigation, that’s the time to consult with an experienced federal trial lawyer. Regardless of how and when you become aware of a possible investigation, or whether you’ve already been charged, involving an experienced federal trial attorney from Rawls, Scheer, Clary & Mingo can help produce the best possible outcome.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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