Pittsburgh Child Pornography Lawyer
Federal investigators are cracking down on possession and distribution of child pornography throughout the country and here in Pennsylvania. In order to do so, FBI agents and other federal law enforcement officers pose as purveyors of pornography in online chat room stings. Typically, a federal agent will enter into a sexual conversation with someone in a chat room in order to see if he or she is interested in sending child pornography via email or through a file sharing program. In certain instances, federal officials have marked child pornographic pictures with code that alerts them to anytime an illegal image is transmitted over the Internet. Since sending or receiving child pornography over the Internet are considered serious federal crimes, how you defend yourself is crucial. With over 25 years experience as a Pennsylvania child pornography lawyer, Gary E. Gerson has the experience, knowledge, and resources needed to establish a balance of power in federal criminal investigations and trials. If you have been arrested on charges of possession, distribution, transmitting or receiving child pornography over the Internet, contact Pittsburgh child pornography lawyer Gary E. Gerson today and schedule a free, confidential consultation at 412-219-6875.
Understanding Distribution of Child Pornography Charges
Typically a charge related to the possession or distribution of child pornography is a federal matter. Federal investigations are usually very thorough and can last for months if not years. Depending on the specifics of a case, the accused could face multiple charges provided for under the federal child pornography statute 18 USC 2252. There are criminal charges related to the possession of, transmittal of, or linking to child pornography, charges related to the criminal use of a “communication facility,” and sentencing enhancements related to the use of a computer or communication facility, or whether the images involve sadomasochistic behavior related to the receipt, possession or transmittal of obscene materials. Each of these charges requires knowledge of how evidence was collected, how it is used by prosecutors, and what sorts of defenses are possible. In some cases, the age of a minor may impact sentencing or serve as a mitigating factor in determining culpability in child pornography cases.
Challenging Federal Charges
As a criminal defense lawyer, Gary E. Gerson has represented numerous clients charged in federal cases and in sex crimes. Working with investigators, psychologists, and computer forensic experts, Mr. Gerson identifies evidence ignored by federal investigators or gathered under questionable circumstances. Sometimes, child porn may end up on a person’s hard drive due to pop ups or unsolicited emails. In defending our clients, we look at these and other possibilities in challenging the official story of prosecutors.
In cases where the accused was a victim of sexual abuse, drug, or alcohol abuse, Mr. Gerson presents medical evidence that can help explain why someone may have fallen into child pornography.
Pittsburgh Child Pornography Lawyer With Over 25 Years of Experience
For more than twenty-five years, Pittsburgh criminal lawyer Gary E. Gerson has been helping people and their families who have been arrested and charged with various crimes of a sexual nature. As a criminal defense attorney since 1987, Mr. Gerson has seen the advent of the internet mold child pornography laws into what they are today. Those laws are quite unforgiving, as the Supreme Court has decided that it sees the availability, distribution, and possession of child pornography as an enticing fetish for addicts who are on the verge of committing child sex acts, only to push them over the edge to ultimately turn into active predators.
If you have been accused of possessing, distributing, or making child pornography-which means you will also be charged with sexual assault and sex with a minor, among other things-it is imperative that you seek out quality representation. The offenses you are facing come rife with heavy fines, mandatory minimum jail sentences, and even possible federal charges. Aside from local law enforcement who have become much more involved in the crackdown of child pornographers in recent years, the FBI also allocates for itself a great portion of its time for child pornography investigations.
In addition to local enforcement and the FBI, the United States Department of Justice has more than ninety offices around the country that are devoted to investigating child pornographers and getting to the source of these images and videos. Their resources are extensive; to be arrested for child pornography-related crimes means that you must have a legal advocate on your side who understands the depths of these laws and how to lessen the stigma surrounding your supposed crime in front of a judge and jury.
Sentencing for child pornography-related crimes
The laws against child pornography-related crimes are strict and unforgiving. If you have been arrested for possessing, producing, or distributing child pornography, you can be looking at a very long prison sentence. Some people spend decades in jail for having a few illegal images or videos. In addition to large fine amounts and years in prison, someone convicted of child pornography crimes must have a lifelong enrollment on the national sex offender registry list.
Moreover, prosecutors tend to be quite enthusiastic when it comes to the protection of children who were made involved in child pornography. Most see these types of cases as a way to impress their cohorts and assume that their case against the child pornographer will be a proverbial walk in the park. However, with a highly rated and peer-respected criminal defense attorney such as Gary E. Gerson on your side, your chances of having your charges reduced or dropped becomes significant.
Don’t speak to investigators without Gary Gerson by your side
More than anything else, federal agents and prosecutors are interested in convictions when seeking suspects who they think are linking to or sharing child pornography. When subpoenaed to speak with federal investigators, it is extremely important to avoid self-incriminating testimonials. Because they are dead set on prosecutions, federal agents will not give you any concrete evidence or lack thereof. Instead, they will rely on you to implicate yourself. In child pornography linking cases, it’s also not uncommon for agents to threaten a possible suspect with conspiracy charges or allege that someone is guilty of participating in a child pornography ring without evidence in order to obtain a convictable testimony.
Attorney Gary Gerson will take the proper preemptive action to halt a federal fishing expedition in its tracks when investigators attempt to entrap those who are suspected of linking child pornography. Although there may be nothing you personally can do to prevent the search and seizure of your personal computer, Attorney Gerson may be able to prevent federal investigators from attempting to convict of charges of which you are completely innocent.
It’s important to work with a child pornography attorney who understand the federal criminal system and how federal prosecutors work. Gary E. Gerson has the experience and resources needed to fight criminal charges and, if necessary arrange a plea bargain that can reduce the sentence against our clients.
To schedule a free, confidential consultation to discuss your case, contact Pittsburgh child pornography lawyer Gary E. Gerson today.