Child pornography cases often revolve around computers, the internet, and digital messaging. As a result, building a Mecklenburg County child pornography defense requires extensive legal knowledge and significant resources. To build an effective defense strategy, an attorney may need to hire digital forensics experts and sharply criticize the prosecutor’s assertions about who had control of a computer and under what circumstances. If you are facing charges, reach out to a dedicated child pornography lawyer today.
To reach a conviction in a child pornography case, the prosecution must prove that the defendant knowingly possessed a pornographic image, that the image contains an identifiable minor, and that the accused knew it was an identifiable minor or had reason to know or should have known.
Access to the computer or the device containing images of child pornography will be a crucial fact in every case. Often, devices are shared among several people, and to convict someone, the prosecution must be able to prove beyond a reasonable doubt that the accused individual knew of the specific images in question. It could be that the individual did not know there was an identifiable minor in the image, or they had reason to believe that the subject of the image was an adult.
Information is one of the most important aspects of defense-side investigations. Relevant facts include the nature of the specific allegations, who is alleged to be in the images considered by the prosecutors to be child pornography, and how and where the government may have found them (through a warranted search, through a sting operation, etc.).
Other relevant information could include what led the government to believe the accused was in possession or facilitated, solicited, or produced the images, and the full context of the situation that existed before the charges were brought. All of that is crucial to being able to provide an effective defense to the charges.
Experience and information are some of the most important tools and resources for an attorney to have in child-pornography cases. An attorney should have experience in past cases and familiarity with what must be proven by the prosecutor, what evidence is typically brought to bear in the cases, how that evidence is obtained, produced and prepared for court, and how that evidence came to exist in the first place.
Another important tool is the use of experts in technology, experts in digital photography and production of digital photography, and other professional witnesses. A defendant in a Mecklenburg County child pornography case should seek out a defense attorney with the resources to hire expert witnesses, as they could be crucial to a positive outcome.
Much is involved in building a Mecklenburg County child pornography defense, but nothing is more crucial than an early and strong relationship between the accused and the attorney. It is important that they have close and regular, open communication so that the attorney has as much information as possible and access to as much potential evidence as possible.
The facts of each case and the circumstances and information surrounding each defendant will dictate the best possible defense, which is why it is crucial that they contact an experienced attorney as soon as possible.