Phoenix Child Pornography Attorney
Get Skilled Defense On Your Side
Because Arizona has some of the toughest child pornography laws in the
country, anyone who is charged with this type of an offense needs an experienced
Phoenix child pornography defense attorney. Arizona law requires a prison
sentence of 10-24 years per image in your possession or on the hard drive
of your computer. The law further requires that the penalties be served
consecutively (one after the other). More times than not, this translates
to a life sentence upon conviction.
In Arizona state courts, the charge is technically termed 'sexual exploitation
of a minor.' If the minor is under 15, the crime is termed a 'dangerous
crime against children' and mandatory prison sentences apply.
With an image of a minor engaged in a sexual act, exploitation occurs in
Call (602) 663-9100 for your
confidential case evaluation.
Understanding the Laws
In recent years, dramatic changes to federal law have been made. With the
passage of the Adam Walsh Act, the more lenient sentences available in
federal court have been replaced by tough mandatory minimum sentences.
For example, while possession of child pornography in federal court has
no mandatory minimum sentence, someone convicted of receipt or distribution
of child pornography faces a mandatory minimum sentence of five years
in federal prison. In determining a sentence, federal judges must follow
the advisory United States Sentencing Guidelines. Sentences go up in federal
child pornography cases based on things such as the number of images,
whether a computer is involved, if the images are particularly harsh (sado-masochistic),
whether the minor depicted is pre-pubescent, and a host of other factors.
Experienced Criminal Defense Attorney By Your Side
Over the past decade,
Jason D. Lamm Attorney at Law has likely handled more child pornography cases than any other firm in
Arizona. We employ traditional methods of defense such as attacking the
search warrant used in most child pornography cases, and cutting-edge
techniques of attacking the forensic analysis of the computer on which
the prosecution bases its case. Only from years of experience can we discern
whether the person accused was even near the computer at the time of the
offense, or whether a virus or Trojan on the computer contaminated the
evidence and the prosecution's case.
Many child pornography cases involve the use of peer-to-peer software as
well as file sharing torrents. When unsuspecting users download a large
amount of music and video file, oftentimes child pornography is downloaded
with them. Law enforcement officers use this same software and seek out
child pornography. They obtain the IP (internet protocol) addresses of
the individual from whom they obtained the child pornography and ultimately
seize their computer and arrest the person.
Typically, after a search warrant has been served, it will take several
months to analyze the computer. This is the time to seek legal counsel.
Do not wait to get experienced representation from a
Phoenix criminal defense lawyer. Even if charges are later filed, our firm has been successful in getting
prosecutors to agree to send a summons for our clients to appear in court
rather than issuing a warrant for their arrest. People who are arrested
on a child pornography charge often have very high bonds making it nearly
impossible to get out of jail while the case is pending. If a summons
is sent instead of a warrant, though, judges almost always release the
client on their promise to appear and without having to post bail.
Call our firm
at (602) 663-9100 to get started.