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Child Pornography Defense Lawyer

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Sex Crimes Lawyer Williamson County, TX

Texas Sex Crimes Charges

If you or someone you know is facing child pornography charges, it is imperative to hire a skilled and experienced child pornography defense lawyer as soon as possible. You should even hire an attorney even if no charges have been filed yet, but you believe you are under investigation or have been arrested. 

Child pornography offenses are taken extremely seriously by the federal government, and the consequences of a conviction can be quite severe. In order to protect your rights and present a strong defense, you need a dedicated attorney who understands these cases and will fight tirelessly to protect your future.

At Scott Magee, Attorney At Law PPC, we defend clients facing child pornography charges in both state and federal court. With over 20 years of litigation experience, our team is well-equipped to handle even the most challenging cases. We are committed to providing top-quality legal representation and offering honest, aggressive, and dedicated service to our clients.

If you find yourself accused of a child pornography offense, don’t wait. Contact Scott Magee, Attorney At Law PPC, now to ensure your case is in good hands.

Why Choose Us for Your Defense?

When you need a defense against child pornography charges, choosing the right attorney should be at the top of your list. At Scott Magee, Attorney At Law PPC, we have a proven track record of success in handling these complex cases. Here’s why you should choose us for your defense:

  • Board Certified Attorney: With over two decades of litigation experience, Attorney Scott Magee has a deep understanding of child pornography and other criminal cases. He is a Board Certified Criminal Law Specialist by the Texas Board of Legal Specialization (TBLS), a distinction held by only a small percentage of criminal law attorneys. This mark of excellence demonstrates his commitment to providing the highest level of legal representation to his clients.
  • Experience: Child pornography cases require particular knowledge and experience. We have a clear understanding of child pornography laws, the workings of federal investigations, criminal court procedures, and the sentencing guidelines involved. This experience allows us to mount the most effective defense strategies for our clients.
  • Dedication: We believe in fighting relentlessly for our clients’ rights. We understand the serious consequences that a child pornography conviction can have on your life, and we are fully committed to protecting your future. We will leave no stone unturned in building a strong defense on your behalf.
  • Respected Reputation: Scott Magee, Attorney At Law PPC, is well-respected within the legal community. We are known for our professionalism, integrity, and commitment to ethical representation. Our reputation can work in your favor when negotiating with prosecutors or arguing your case in court.

Overview of Federal Child Pornography Laws

Child pornography offenses can fall under federal jurisdiction, meaning they are often prosecuted at the federal level. Federal child pornography laws are incredibly strict and leave little room for leniency. You should always understand the basics of these laws if you are facing charges.

Under federal law, child pornography is broadly defined as any visual depiction of sexually explicit conduct involving a minor. This can include videos, photographs, or digital files. The possession, distribution, production, or solicitation of child pornography is illegal and can result in severe penalties.

Intent to possess or distribute child pornography is not required for a conviction. Simply having the material in your possession, even if accidentally or unknowingly, can lead to charges and potential criminal penalties. The severity of these penalties will depend on various factors, such as the age of the minor depicted and the nature of the explicit conduct.

Possible Penalties for Federal Child Pornography Convictions

Federal child pornography convictions can lead to significant penalties, including:

  • Prison Time: Convictions can result in lengthy prison sentences, ranging from several years to several decades, depending on the severity of the offense and any aggravating factors involved.
  • Supervised Release: After serving their prison sentence, individuals convicted of child pornography offenses are often subject to supervised release. This means they will be under the close supervision of a probation officer and must adhere to strict conditions.
  • Financial Penalties: Convicted individuals may face substantial fines, which can range from thousands of dollars to hundreds of thousands of dollars.
  • Restitution: In some cases, courts may order convicted individuals to pay restitution to the victims depicted in the child pornography materials. These payments are intended to compensate the victims for any physical, emotional, or psychological harm they have suffered.
  • Registration as a Sex Offender: A federal child pornography conviction almost always leads to mandatory registration as a sex offender. This can have long-term consequences, including restrictions on where individuals can live, work, and travel.

Because the penalties can be so harsh, you need an aggressive defense to minimize the consequences you might face. 

How Federal Sentencing Guidelines Work in Child Pornography Cases

Federal child pornography cases are subject to specific sentencing guidelines that are used as a framework for determining the appropriate punishment. These guidelines take into account the seriousness of the offense and any aggravating or mitigating factors present in the case.

The guidelines for child pornography convictions consider factors such as the age of the minor depicted, the number of images involved, the nature of the explicit conduct, and the defendant’s criminal history. Based on these factors, a base offense level is determined, and additional enhancements or reductions may be applied.

Federal sentencing guidelines are advisory, meaning judges have some discretion when imposing a sentence. However, judges typically follow these guidelines closely, and deviations from the recommended range are rare.

An experienced child pornography defense attorney understands these guidelines and knows how to present mitigating factors to sentencing judges to secure the best possible outcome for their clients.

Federal vs. State Child Pornography Charges

While child pornography is illegal both at the federal and state levels, there are key differences between the two jurisdictions. 

Federal child pornography charges tend to carry more severe penalties compared to state charges. Additionally, federal prosecutors generally have more resources and investigative tools at their disposal, making federal investigations into child pornography cases more thorough and often resulting in stronger evidence.

One advantage of federal charges is that federal courtrooms tend to have more specialized judges who are experienced in handling these sensitive cases. This can provide a level of expertise on the bench that may be lacking at the state level.

Ultimately, the decision to prosecute a case at the federal or state level depends on various factors, including the nature and severity of the offense, the jurisdiction in which the offense occurred, and the discretion of law enforcement and prosecutors.

If you face charges in federal court, you need a defense lawyer with federal criminal experience to defend you. 

How Federal Investigations into Child Pornography Work

Federal investigations into child pornography are complex and require significant resources. These investigations often involve various law enforcement agencies, including the Federal Bureau of Investigation (FBI), the Department of Homeland Security (DHS), and local law enforcement agencies.

Investigators use both traditional and advanced techniques to identify and track down individuals involved in the production, distribution, or possession of child pornography. These techniques can include forensic analysis of digital devices, undercover operations, and collaboration with international law enforcement agencies to target online child exploitation networks.

If you suspect you are under investigation for child pornography offenses, it is critical to seek legal representation immediately. A skilled child pornography defense attorney can immediately begin protecting you, ensuring that law enforcement respects your constitutional rights during their investigation.

You Need a Criminal Defense Lawyer Immediately 

If you are under investigation, have been arrested, or have been charged in connection with child pornography offenses, the first step you should take is to consult with a criminal defense lawyer. 

A criminal defense lawyer from Scott Magee, Attorney At Law PPC can help in several ways:

  • Protecting Your Rights: Your attorney will ensure that law enforcement respects your constitutional rights during the investigation and subsequent legal proceedings. They will make sure you are not subjected to any unlawful searches, seizures, or interrogations.
  • Providing Legal Advice: Your attorney will explain the charges against you, the potential consequences, and the available defense strategies. They will guide you through every step of the process and help you make informed decisions, including about pleading guilty or going to trial.
  • Investigating Your Case: Your attorney will conduct a thorough investigation of the facts surrounding your case. This may involve reviewing evidence, interviewing witnesses, and consulting with experts to build a robust defense strategy.
  • Representing You in Court: If your case proceeds to trial, your attorney will represent you in court. They will present your defense, cross-examine witnesses, and argue on your behalf. Their goal is to poke holes in the prosecution’s case and raise reasonable doubt in the minds of the jury.

A child pornography defense attorney can also help in the following ways:

  • Case Assessment: Your attorney will thoroughly review the evidence against you, assess the strengths and weaknesses of the prosecution’s case, and identify any potential defenses. This assessment will guide the development of a strategic defense strategy tailored to your specific circumstances.
  • Negotiating with Prosecutors: In some cases, it may be possible to negotiate a plea deal with the prosecution. An experienced defense attorney knows how to navigate these negotiations and seek the most favorable outcome for their clients. This may involve reducing charges, minimizing penalties, or exploring alternative sentencing options.
  • Challenging Unlawful Evidence: If law enforcement violated your constitutional rights during the investigation, your attorney can file motions to suppress any evidence obtained unlawfully. If successful, this can weaken the prosecution’s case or even lead to its dismissal.
  • Expert Witnesses: Child pornography cases often rely on forensic evidence and technical expertise. Your attorney can consult with experts in various fields, such as computer forensics or psychology, to challenge the prosecution’s evidence or provide alternative explanations for certain behaviors.
  • Building a Strong Defense: Your attorney will use their knowledge, resources, and experience to build a strong defense on your behalf. They will gather evidence, interview witnesses, and craft compelling arguments aimed at raising reasonable doubt in the minds of the judge or jury.

Potential Defense Against Child Pornography Charges

When facing child pornography charges, viable defense strategies may include:

  • Lack of Knowledge: If you can prove that you were unaware of the presence of child pornography or that you accidentally accessed or received such material, this may be a viable defense. You want an experienced attorney who can effectively present this defense in court.
  • Illegal Search and Seizure: If law enforcement obtained evidence against you through an illegal search or seizure, your attorney can file a motion to suppress that evidence. If successful, this can severely weaken the prosecution’s case or even lead to its dismissal.
  • Violation of Constitutional Rights: If law enforcement violated your constitutional rights during the investigation or arrest, such as failing to read you your Miranda rights or coercing a confession, your attorney can challenge the admissibility of any evidence obtained as a result.
  • Forensic Analysis: A skilled defense attorney can work with forensic experts to analyze the evidence against you. This may involve challenging the authenticity or integrity of digital evidence, raising doubts about the accuracy of forensic techniques, or uncovering potential errors or bias in the analysis.
  • Alternative Explanations: In some cases, there may be alternative explanations for the presence of child pornography. Your attorney can work with experts or gather evidence to support these alternative explanations, casting doubt on the prosecution’s narrative.

Remember that every case is unique, and the viable defense strategies will depend on the specific facts and circumstances surrounding your case. Consult an experienced child pornography defense attorney to better understand the defense options available to you.

Contact Our Child Pornography Defense Attorney Now

If you are facing child pornography charges, time is running short. Contact Scott Magee, Attorney At Law PPC, now to ensure your case is in good hands. Our experienced team is ready to fight for your rights and provide you with the top-quality legal representation you deserve.

Contact R. Scott Magee, Attorney at Law online now or call our Williamson County sexual assault lawyers at (512) 983-1675!

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Case Dismissed

 

State v. A.D. – DWI (involving accident)

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State of Texas v. T.C. – Sexual Assault

What Makes Us Different?

Board Certified Attorney

Attorney Scott Magee is Board Certified for his specialization in Criminal Defense.

Protect Your Freedom

We will fight for you. We are committed to tirelessly pursuing evidence that proves your innocence.

In-Depth Investigations

We do not take shortcuts. We perform an in-depth investigation of the arrest circumstances.

Free Case Evaluation

We offer free case evaluations to help clients learn more about their legal options.

Respected in the Community

Attorney Magee is a reputable attorney who is respected by his peers, colleagues, and universities.

Results That Matter

We fight to obtain dismissals, reduced or dropped charges, and favorable plea bargains.

We Will Fight For You

We represent individuals facing state and federal charges in Texas.

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