Possession of Child Pornography

Miami-Dade Possession of Child Pornography Defense Lawyer

Technically, possession of child pornography is not only a cyber crime, because possessing any sexually suggestive image of a child may lead to criminal charges in South Florida. However, the vast majority of such charges stem from online activities. This can work in the favor of the accused, because online activities are not as simple as they may seem to prosecutors. For example, evidence that a computer has visited certain Web sites does not automatically mean that computer’s owner has visited them. And because the Internet crosses state borders, a child pornography case may be charged as a federal crime or in any number of states.

Both state and federal governments take child pornography crimes very seriously. In Florida, child pornography possession is a felony penalized by five years in prison for each image — which adds up to a long prison sentence in many cases. 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, which can destroy careers, end marriages and let defendants know who their real friends are — all before a legal trial can take place.

However, prosecutors have a difficult burden of proof to meet, and a smart Palm Beach child pornography criminal defense lawyer can find many legal arguments to break down their cases. The government must prove all the elements of the crime, including that the defendant actually possessed the image and that the image is actually child pornography. In many cases, these are not at all clear-cut — for example, possession requires dominion and control over the image, not just that it once passed through your computer. Fort Lauderdale child pornography possession criminal defense attorney Menachem Mayberg will work hard to find these holes in the cases against clients, using forensic technology and 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 criminal defense attorney. Contact the Miami-Dade criminal law firm of Menachem M. Mayberg, P.A., today for a free, confidential consultation. You can reach us 24 hours a day, seven days a week through the Internet or by calling (305) 695-8750.

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