In my experience, the vast majority of people charged with possession of child pornography aren’t sexual predators. Rather, they’re people who clicked the wrong link, downloaded the wrong image, or had no way of knowing that the pornography they viewed depicted someone underage.
These people deserve the absolute best criminal defense services available. That is, they deserve an attorney who is experienced, on their side, and prepared to fiercely defend their rights in a court of law.
How Child Pornography Evidence Is Collected
Far too often, clients come to me after they’ve said something like this to the police: “Yes, I clicked that link, but didn’t realize what it was.” Or (worse still) they’ve allowed the police to search their computer only to discover incriminating evidence against them — evidence they didn’t even realize was there.
Now I know what you’re thinking: if there were child pornography on your computer, you’d know about it. Unfortunately, though, that may not be the case. Allow me to explain:
- Imagine you open up your email and find a message with a link in it.
- Curious, you follow the link. Maybe you see a pornographic image and immediately hit the Back button; maybe you find that the link doesn’t go anywhere, so you assume the link was broken and move on with your day.
- Unbeknownst to you, clicking that link just downloaded a folder full of pornographic images onto your computer’s hard drive. As it turns out, some of those images happen to include a 16-year-old.
- Later, when police ask if there’s any child porn on your computer, you say, “No, of course not!” because you’re absolutely sure you’re right.
- The offensive images are discovered on your hard drive, and the criminal prosecutor uses them (and your denial of having them) as evidence against you.
This scenario may sound like a stretch, but I assure you, it’s not. Throughout my career as a criminal defense attorney, I’ve seen this happen to far too many people.