Possession of Child Pornography

Although possession of child pornography both on and offline is a criminal offense, the majority of such cases are cyber-related. Surprisingly, this works in favor of the client. For one, evidence that a computer has visited a Web site does not prove that the owner visited that particular site. Also, to convict of possession, it is not enough for the prosecution to prove that an image once passed through your computer. It must bring evidence of dominion and control over that image. Finally, because the Internet crosses state borders a child pornography case can be charged as a federal crime in any number of states.
Both federal and state courts treat child pornography charges with utmost seriousness. In Florida, child pornography possession is a felony penalized by five years in prison for each image — which can easily add up to a lengthy prison sentence. Under certain circumstances, those convicted may also be required to register as sex offenders for the rest of their lives. And perhaps the most serious penalty for a child pornography charge is conviction in the court of public opinion, in which careers are destroyed, marriages are broken, and longtime friendships are betrayed — all before a legal trial can take place.

Despite the gravity of the charges, an experienced attorney can successfully demolish the case made by the persecution. The burden of proof is a difficult one for prosecutors to meet and Fort Lauderdale criminal defense attorney Menachem M. Mayberg works hard to establish his clients’ innocence. Mayberg will use go so far as to use forensic technology or medical experts whenever necessary to prove his clients’ innocence.

If you or someone you love has been charged with possession of child pornography, do not wait to contact an experienced child pornography possession defense attorney. Contact the Miami-Dade criminal law firm of Menachem M. Mayberg, P.A., today for a free, confidential consultation. You can reach 24 hours a day online or by calling (305) 695-8750.

For further reading, see Florida Statute 775.0847: Possession or promotion of child pornography.