Child pornography is a serious crime that can ruin lives. If you or someone you love is facing charges in Fort Lauderdale, you need an experienced lawyer on your side. Let’s talk about the law, possible defenses, and how the right attorney can help.
The Law in Fort Lauderdale
In Florida, it’s illegal to possess, distribute or produce any image showing a minor engaging in sexual conduct – that includes photos, videos, drawings, even computer-generated images. The law doesn’t care if you created the content or just shared it. Penalties get harsher the younger the victim is, with images of a child under 5 bringing mandatory prison time.
Just downloading or emailing child porn can lead to charges for distribution, since sharing files online makes them available to others. The same goes for uploading images to cloud storage or social media. And having pornographic images of minors under 16 on your computer or phone is against the law, even if you never sent them to anyone.
Possible Defenses
Facing these kinds of allegations can feel terrifying. But an experienced lawyer will thoroughly examine the evidence and look for weaknesses in the state’s case. Some possible defenses include:
- You didn’t know the images were there. If child porn was found on a computer or device you share with others, you may not have put it there or even known about it. A skilled lawyer can argue reasonable doubt.
- The photos aren’t of real children. If the images are cartoons or computer-generated, they may not meet the legal definition of child pornography. An attorney can argue they don’t depict actual minors.
- The kids were over 16. While any minor under 18 is technically a child, images of older teens (16-17) may be easier to defend than young children. An lawyer may argue the photos don’t qualify as child porn under Florida law.
- You had no intent to break the law. If you accidentally came across illicit images and deleted them immediately, a lawyer can say you never meant to obtain child porn. They may be able to get charges dismissed or reduced.
- The evidence is flawed. There could be issues with how the police conducted searches or seizures, chain of custody for evidence, or forensic analysis procedures. An experienced attorney will scrutinize the evidence.
How a Lawyer Can Defend You
The penalties for child porn possession or distribution can be severe – years in prison, sex offender registration, and massive fines. That’s why having an aggressive defense lawyer is critical. Here’s how they can help:
- Examine if your rights were violated during the investigation, including during searches, seizures, or interrogation. If police misstepped, evidence could be thrown out.
- Closely analyze the files in question to determine if they truly constitute child pornography under FL law – or if a defense like false age or computer-generated images applies.
- Thoroughly investigate the source of the illicit materials. If they were downloaded without your knowledge by malware or someone else who had access, that could create reasonable doubt.
- Advocate for you in plea negotiations. While avoiding trial is usually advisable, they’ll only consider fair deals that reflect the circumstances.
- Craft persuasive arguments to undermine the prosecution’s case at trial, if it goes that far. An skilled litigator can point out flaws and create doubt.
- Present witnesses like computer forensics experts who can weaken technical evidence or speak to your character. Character witnesses can be invaluable.
- Provide powerful advocacy at sentencing to minimize penalties if you’re convicted. They’ll emphasize mitigating factors like mental health struggles or your lack of criminal history.
Choosing the Right Lawyer
If you or someone you care about is charged with possession, distribution or production of child pornography in the Fort Lauderdale area, it’s critical to have an experienced lawyer who regularly handles these complex, high-stakes cases. Don’t leave your defense to chance – the consequences are too great.
Look for attorneys with deep knowledge of Florida’s child porn laws and a proven track record of getting charges reduced or dismissed pre-trial. Find someone who’ll thoroughly analyze the evidence, aggressively challenge flaws, and build the strongest defense case possible.
Most importantly, choose a lawyer you feel comfortable with. These allegations create immense stress and anxiety. You need an attorney who’ll support you through this difficult process – and fight fiercely to protect your rights, freedom and reputation. With the right legal team, you can get through this.