Child pornography is defined as any image depicting a minor, a person under the age of 18, engaged in sexual conduct. Any person who intentionally lends, sells, gives away, distributes, transmits, shows or has in his or her possession, custody or control of any photographs, images, CD’s, films or other representations that depict minors engaged in any act or conduct that is harmful to minors can be charged with a third degree felony. Each image or depiction will each be treated as a separate count. The fact hat an individual did not have knowledge of the minor’s age can not be raised as a defense. Being charged with possession of child pornography carries with it a stigma that will affect a person’s private life and employment for the rest of his or her life. The Miami criminal defense attorneys at DMT have successfully represented individuals charged with possession of child pornography on numerous occasions both in state and federal court..

Possession of child pornography charges are usually a result of comprehensive law enforcement investigations. In most cases, detectives obtain a search warrant to seize computers in an effort to see what depictions are stored in the hard drive. If a detective presents you with a warrant for your computer, there is nothing you can about it. However, after your property has been seized you should see a criminal lawyer that handles child pornography cases. Statements provided to detectives more often than not seal the case for the prosecution. Without a statement, the prosecution may not be able to prove who downloaded the image and that the person being investigated knew the image was on the computer.

Possession of child pornography can be charged in state or federal court. Possession of child pornography, downloading child pornography, distributing child pornography and producing or manufacturing child pornography are all variations of how the crime can be committed. State and federal prosecutors take this type of offense seriously and is imperative to hire a qualified criminal defense law firm to protect your rights and your future.

If you are under investigation for, or have been arrested and charged with possession of child pornography of any type, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail.