Miramar Possession of Child Pornography Lawyers: Defenses and Legal Help
False Accusations
Sometimes, individuals make false allegations of child porn possession during bitter divorces, employee terminations, or other conflicts. Skilled Miramar defense lawyers thoroughly investigate the source of the accusations and work to expose fabricated charges.
For instance, your attorney may find evidence the accuser planted illicit photos on your devices without your knowledge. By revealing flaws in the accusations, criminal defense attorneys can get charges dismissed.
Invalid Search Warrants
Miramar police must obtain valid search warrants before seizing and searching your electronic devices. However, mistakes in the warrant process happen. Your lawyer will scrutinize the search warrant for procedural defects like lack of probable cause, overly broad scope, or technical errors.
If your attorney uncovers improper police conduct, they can file a motion to suppress the evidence from the invalid search. This can result in charges being dropped due to lack of remaining evidence.
Affirmative Defenses
Florida law provides certain affirmative defenses that may defeat child porn charges:
- Ages of the parties involved – It is a defense if the defendant reasonably believed all persons depicted were over 18 based on their apparent ages.
- Lack of knowledge of the character of the material – It is a defense if the defendant was not aware of the pornographic nature of the material.
- Possession for a bona fide artistic, medical, scientific, educational, religious, governmental, or judicial purpose – This applies when there is some legitimate purpose behind possessing the material.
Miramar defense attorneys will aggressively pursue any applicable affirmative defenses on your behalf.
Sentencing Mitigation
Even if charges cannot be completely defeated, experienced lawyers can advocate for reduced penalties under the sentencing guidelines. Arguments in mitigation may include:
- Minimal criminal history
- Positive employment, education, military service
- Mental health or addiction issues
- Cooperation with prosecutors
- Low risk of re-offending
Compassionate and dedicated Miramar defense lawyers humanize clients to obtain leniency at sentencing. While child porn charges are always serious, the right advocacy can help avoid draconian punishments.
Firm Guidance Moving Forward
Beyond the legal case itself, skilled Miramar criminal defense attorneys provide critical guidance for rebuilding your life after charges:
- Therapeutic referrals and counseling resources
- Help complying with probation terms
- Sex offender registration requirements
- Ongoing community and family support
- Guidance on finding employment with a record
An experienced lawyer remains a trusted advisor long after the case concludes. Their support and direction can help you move forward in a positive direction.
Why Miramar Child Porn Defense Attorneys Are Critical
Facing a child pornography investigation is daunting. However, an accomplished Miramar criminal defense lawyer can thoroughly analyze the evidence, identify procedural flaws, raise strong defenses, and advocate effectively for the best possible outcome. Never hesitate to exercise your rights and consult an attorney if you are questioned or charged. The right legal advocacy makes a tremendous difference in these high stakes cases.