Child Pornography Charges and Defense Strategies for Reasonable Doubt

Any individual who gets charged with a sex-related crime has reasons to be worried. The concerns are more significant when the charges are related to minors. This is why it is important to take the allegations seriously and get legal counsel. Innocent individuals may mistakenly think that they can explain their "truth" to authorities. However, many accused individuals find out that they have to prove their innocence. This can be hard to do from a legal standpoint. Some individuals also face scrutiny from others in their community. Here are some strategies for creating a defense against allegations of child pornography.

1. Does anyone else use the computer?

This is a powerful defense because many people share their computers. Sometimes roommates or family members may share the same computer. If there are not any specific accounts on the computer, it is possible that a defense lawyer could pose reasonable doubt. It has to be proved by the prosecution who actually viewed or downloaded the pornography. This might be a difficult feat when several people have access to a device. Also, if there is an ongoing dispute such as a marriage on the brink of ending, it could be put into question if an unhappy spouse downloaded the content on the computer and setting their partner up. 

2. Where was the computer purchased?

Perhaps the computer or device was purchased second-hand or given to the accused. This means that it is possible that the child pornography files or website visits were done by the previous owner of the device. Pawnshops and electronics stores that resell devices should clear the hard drives, but this does not always happen. Even if they wipe the device clean, remnants of files remain detectable forensically. 

3. How did authorities get access to the device? 

Everyone is protected by the Fourth Amendment. If consent is not given to authorities to search through a device, it is considered an unlawful search if they proceed without a search warrant. A child pornography attorney can challenge the matter and request to have it excluded from evidence.

A child pornography lawyer is the best resource to use if you are facing charges. Your future can be dramatically altered if you get convicted. There are many ramifications such as prison time, hefty fines, and mandatory sex offender registration. It could even affect your potential to work in certain industries. To learn more, contact services like Cohen Law Offices, LLC.