Possession of child pornography charges are serious and can result in jail time. However, the United States Supreme Court has held that citizens have a legitimate expectation of privacy in their computer files. Police cannot search your computer without a warrant supported by probable cause. Defending child pornography charges in Indiana requires a technical analysis of the State’s case by an attorney who understands the sophisticated tools that the police use to gather evidence. Lafayette, Indiana attorney Brett Gibson has defended child pornography charges in Indiana state and federal court. With offices in Lafayette and Fort Wayne, and a team of Indiana criminal defense attorneys, Gibson Law Office defends clients statewide, including in Indianapolis, Muncie, and Bloomington.
Defending child pornography and exploitation charges is much different than other crimes. The evidence often involves sophisticated technical information and investigative tools. Police often use a forensic toolkit to search computers and technical devices. However, there are Constitutional limitations on computer searches. Defending child pornography and solicitation charges requires a tech-savvy criminal defense attorney. There are many opportunities to attack the evidence in computer crimes charges. If you have a lawyer that is not current with sophisticated forensic tools, he or she may miss the critical issues needed to defend you.
Gibson Law Office has a team of defense attorneys that understand the sophisticated technology used to prosecute child pornography, child solicitation, and other computer crimes. We also know how to attack the evidence and expose illegal computer searches by police. If you are charged with possession of child pornography or child exploitation, you need an attorney with experience defending computer crimes. Our legal team understands file types, file sharing programs, and the forensic tools used by police to search electronic devices. We also understand the Constitutional right to privacy and the legal protections against computer searches. If police violated your rights, we will attack the charges by filing a motion to suppress the evidence being used against you.
A child pornography investigation can begin by the police analyzing internet traffic, investigating a tip from an informant, or searching a computer for an unrelated matter. Regardless of how an investigation begins, people have a Constitutional right to privacy in their computer files and electronic devices. Police often use sophisticated forensic tools to search computers, phones, and electronic devices in child pornography cases. However, there are strict requirements and limitations on search warrants for computers. If police violated your right to privacy during a search, you may be able to exclude the evidence from being used against you.
Gibson Law Office defends child pornography cases aggressively by carefully analyzing the State’s forensic processes:
In some circumstances, investigators must obtain a second warrant if the first warrant was not supported by probable cause to search encrypted files. Digital data will often not meet the “plain view” exception to the warrant requirement during a computer search for child pornography.
If you are arrested on child pornography charges, you should never give a statement without an attorney present. Police are trained to interrogate people when they are scared to coerce incriminating statements. Can the State prove who actually downloaded the files? Did others have access to the electronic devices? You should remain silent and demand to speak to an attorney. It is important to force the State to produce all of their evidence before making any statements. An Indiana criminal attorney experienced in defending child pornography cases can attack the evidence and the procedures used by police.
Possession of child pornography is a Level 6 felony in Indiana and carries a penalty of 6 months to 2 1/2 years in prison. However, if the State alleges that you shared, disseminated, or produced child pornography, a Level 5 felony charge of child exploitation could be filed. A Level 5 felony carries a penalty of 1 to 6 years in prison. Child exploitation charges are often based on allegations involving file-sharing programs. However, charges of child exploitation require the State to prove that a defendant knowingly or intentionally distributed child pornography. An attorney experienced in defending computer crimes can aggressively attack these allegations.
Gibson Law Office has a team of criminal defense attorneys with offices in Lafayette, Bloomington, Anderson, and Fort Wayne. We have handled criminal cases in more than 70 Indiana counties, including in Tippecanoe County, Delaware County, Allen County, Marion County, and Monroe County.
We always offer a free consultation so that we can understand your case, provide feedback on how to defend the charges, and answer your questions. During our meeting we will quote a flat fee so that you know exactly what it costs to defend you. Whether your case is in Muncie, Indianapolis, Bloomington, or Crawfordsville, we never charge for travel time. If you are charged with child pornography or exploitation, shouldn’t you call a legal team with experience defending computer crimes for a free consultation? It may be the most important call you make.
You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.