Crimes against children are often met with serious backlash from the community. News stories of crimes against children, like those about child pornography, gain national attention, and defendants might feel like getting a fair trial is impossible. The court of public opinion might not be fair, but a court of law must be, and your attorney can help you assert a defense.
If you are arrested for possessing child pornography, try to cooperate with law enforcement and do not resist. However, avoid answering incriminating questions, as you have the right to remain silent. Demand a lawyer as soon as possible. Charges for possession may apply if the authorities have probable cause to believe that someone has child pornography in their control. This includes physical and digital materials. These charges are serious indictable crimes, and they may result in many years in prison, depending on how many items of child pornography are involved. If the authorities violated your rights at any time during their investigation, their case might be severely weakened.
Receive a private case assessment for free by calling our child pornography defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
What to Do if You Are Arrested for Possessing Child Pornography in Haddonfield, NJ
Being arrested for any crime is a scary experience, but being arrested for possession of child pornography can feel especially devastating. Even if you can clear your name, your reputation might be permanently tarnished. If you are arrested, cooperate with law enforcement. Do not try to resist. This might only lead to more trouble.
The police will likely have a lot of questions for you. While you should answer basic questions about your identity during the booking process (e.g., name, address, other basic details), you should avoid answering questions about the alleged criminal offense. When the police try to conduct custodial interrogation, you should demand a lawyer.
Custodial interrogation involves the police asking questions about an offense to a suspect within their custody who is not free to leave. These questions are usually meant to obtain more incriminating information that prosecutors can use to build a case against you. The authorities must read you your Miranda rights before questioning, which include your right to a lawyer and to remain silent. Our child pornography defense attorneys will advise you on whether you should continue answering questions or not.
Invoke these rights immediately. When you do, questioning must stop, and the police must give you the chance to call your attorney. Questioning may not resume unless you say so, and you are free to refuse to answer any questions whatsoever. Your lawyer can help you determine the best path forward when they meet with you.
Possible Criminal Charges for Possessing Child Pornography in Haddonfield, NJ
Having anything at all to do with child pornography will likely lead to criminal charges. Simply having it is enough for the police to come knocking on your door. According to N.J.S.A. § 2C:24-4(b)(5)(a), you may face charges for possessing child pornography if the authorities have probable cause suggesting that you knowingly stored or maintained materials or items showing a child or children being sexually abused or exploited. These items or materials may be physical or digital.
A few common examples of child pornography include photos, videotapes, DVDs, and digital files on your computer. Each item depicting child pornography is counted separately. For example, if a defendant is found to have 100 illicit items, but it is the same child in every picture or video, it still counts as 100 separate items. This is important when prosecutors grade the charges.
Further still, depending on what the authorities find in their investigation, a defendant may face charges for possession with the intent to distribute child pornography according to § 2C:24-4(b)(5)(a). Exactly how the authorities determine that someone has the intention of distributing child pornography may be based on the overall circumstances and various pieces of evidence and information.
For example, the law specifically states that defendants with child porn stored on a filed sharing program on a computer may be charged with the intent to distribute. However, those who have physical items depicting child pornography may also be charged with the intent to distribute. For example, emails from people attempting to purchase or obtain child pornography from the defendant might indicate they are distributing it.
Grading of Charges for the Possession of Child Pornography in Haddonfield, NJ
The grading of charges refers to their severity. For example, charges for the possession of child pornography are typically an indictable crime that may be graded as first-, second-, or third-degree. The way that charges for the possession of child porn are graded is based on the number of pornographic items or materials that were allegedly within your possession.
According to N.J.S.A. § § § 2C:24-4(b)(5)(b)(i)-(iii), the grading charges for the possession of child pornography are based on the number of pornographic items allegedly within the defendant’s control. Charges for a first-degree crime may be imposed if the defendant is alleged to have had 100,000 or more items depicting child pornography. A second-degree crime may be charged if there are at least 1,000 but less than 100,000 items. Finally, you might be charged with a third-degree crime for having less than 1,000 items.
If these numbers seem extremely high, do not be fooled. The internet has made creating, distributing, and obtaining child pornography very fast. It is not unusual for people to be found with thousands upon thousands of photos and videos on their computers or stored in file-sharing programs.
Penalties for Charges for Possession of Child Pornography in Haddonfield, NJ
As the grading of charges for possessing child pornography varies, so do the penalties. It is safe to say that almost any conviction related to child pornography will lead to harsh penalties. Generally, defendants may face a number of years in prison, and they must register as sex offenders. The ordinary sentencing terms for felonies can be found under N.J.S.A. § 2C:43-6(a), but additional or alternative sentencing requirements may be imposed under specific circumstances.
Ordinary Sentencing Terms
The ordinary sentencing terms are the basic rules for the sentencing of defendants convicted of indictable crimes. You should think of these as sort of like the basics of sentencing. Depending on your situation and what the sentencing guidelines allow, your specific sentence might vary.
A defendant convicted of a crime of the first degree, perhaps one of the harshest charges a person might face other than something like murder, may be sentenced to no less than 10 years and no more than 20 years in prison. One level down is sentencing for crimes of the second degree, which may include no less than 5 years and a maximum of 10 years. Finally, a person convicted of a crime of the third degree may be sentenced to prison for no more than 18 months.
Extended or Adjusted Sentencing
In some cases, judges may adjust or extend sentencing for convicted defendants, but only if specific conditions exist. For example, defendants who are repeat offenders may face harsher penalties. Increased penalties for subsequent offenders under § 2C:43-7(a) make the minimum sentencing requirements for each offense grade harsher. For a crime of the first degree, sentencing increases to a minimum of 20 years and a maximum penalty of life. For a crime of the second degree, the penalties go up to no less than 10 years and no more than 20 years. For a crime of the third degree, the sentence is upgraded to no less than 5 years and no more than 10 years.
On top of that, there is a statutory requirement of a prison sentence for cases involving at least 100 items of child pornography. This might come up in cases of defendants facing third-degree crime charges, as there is a maximum prison term but no minimum, meaning judges could have some discretion to forego prison in favor of other sentencing options. However, if the defendant is proven to have had at least 100 items of child pornography, a prison sentence is required by law.
How the Authorities Get Evidence for the Possession of Child Pornography in Haddonfield, NJ
To figure out the best way to build your defense, we must understand how the prosecution will build its case against you. If the authorities broke the law or violated your rights in the course of their investigation, our child pornography defense lawyers might be able to challenge their evidence and undermine the case.
We can start with searches and seizures. A major part of the investigation will likely be a thorough search of your private property, including your home and computer. While the police have a lot of power in this regard, their power is not totally unlimited. To enter your private property or search somewhere private, like your personal computer, the police must have a search warrant. If the warrant lacks sufficient probable cause or the police conduct a search without a warrant, we might have grounds to challenge the evidence. While the police can conduct legal searches without warrants, there must be special circumstances, and the police must be able to show these circumstances existed when they searched your property.
The prosecutor might also call witnesses. For example, if someone claims to have known about the existence of child pornography or perhaps seen it themselves in your home or on your computer, the prosecutor will likely call them to testify as a witness.
Potential Defense Arguments in Child Pornography Possession Cases in Haddonfield, NJ
Understanding how the authorities investigate and collect evidence is only half the equation. We must also figure out how to best refute their claims, challenge the evidence, and mount the most effective defense possible.
You Were Unaware of the Child Pornography
One of the most important elements of the charges for possessing child pornography is the defendant’s knowing intent. They must have known about the child pornography allegedly within their control. If they did not know, they should not be charged. Proving that you had no clue about the illicit materials can be tricky, especially when other evidence suggests otherwise.
Do you live with someone who might have stored pictures or videos on your personal computer or in your home? If you were unaware that the alleged child pornography existed, you should not be held responsible for having it in your possession. If you truly were unaware, explain it to your lawyer. They can help you figure out how to prove that you had no idea child pornography was in your home or that your computer was being used to store or share it.
Evidence Seized Illegally
The evidence against you might feel insurmountable, but if it was not seized according to very strict laws, it might be considered inadmissible in court. For example, if the police searched your home without a search warrant or a valid exception to the requirement for a warrant, they may have violated your rights against unreasonable searches and seizures. Such evidence is considered legally tainted and may be excluded, meaning it cannot be shown to jurors or considered when they deliberate a verdict.
Think about your interactions with the police when you were arrested. The police often ask suspects numerous questions about the alleged offense, but they must follow specific rules. One such rule is that the police must read you your Miranda rights before they begin questioning and give you a chance to invoke these rights to protect yourself from self-incrimination.
Lack of Control
The element of control is essential to charges for possessing child pornography. Control does not necessarily mean you have the illicit materials on your person, although such a situation would constitute control. Control might also mean the illicit items are stored somewhere that you can access and exercise control over, like your home, someone else’s home, an office, your car, or some other secret hiding place. If the child pornography was somewhere outside of your control, you might be able to fight the charges.
Call Our Haddonfield, NJ Child Pornography Defense Lawyers for Help Immediately
Get a confidential case evaluation for free by calling our child pornography defense attorneys at the Law Offices of John J. Zarych at (609) 616-4956.
