Phoenix, Arizona Child Pornography Attorney
Arizona has the toughest child pornograhy law in the country. 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.' Sexual exploitation of a minor occurs when someone knowingly possesses, distributes, duplicates, photographs, or publishes a picture of a minor engaged in a sex act. If the minor is under 15, the crime is termed a ‘dangerous crime against children’ and mandatory prison sentences apply.
In recent years, dramatic changes to federal law have 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 With the passage of the Adam Walsh Act, the more lenient sentences available in federal court have been replaced by tough mandatory minimum sentences.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 possesion of child pornography in federal court has no mandatory minimum sentence, someone convicted or receipt of a child pornography 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 (that’s a no brainer), if the images are particularly harsh (sado-masochistic), whether the minor depicted is pre-pubescent, and host of other factors.
So where does Jason Lamm’s experience come into play in defending child pornography cases in Arizona state and federal courts? Over the past decade, Jason has likely handled more child pornography cases than any lawyer in Arizona. He employs 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 that the prosecution bases its case around. Only from years of experience can an experienced attorney with special skills 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 such as Limewire, Kazaa, and Frostwire. When unsuspecting users download a large amount of music and video file, often times child pornography is downloaded with them. Police 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.
It’s an all too common scenario. But through Jason Lamm’s experience, he has been able to demonstrate to prosecutor’s and police that in some cases, his client did not intentionally download child pornography and never knew it was there.
So where does Jason Lamm’s experience come into play in defending child pornography cases in Arizona state and federal courts? Over the past decade, Jason has likely handled more child pornography cases than any lawyer in Arizona. He employs 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 that the prosecution bases its case around. Only from years of experience can an experienced attorney with special skills 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.
Typcially, after a search warrant has been served, it will take several months for the police to analyze the computer. This is the time to seek legal counsel. Do not wait to get experienced representation. Even if charges are later filed, Jason Lamm has been successful in getting prosecutors to agree to send a summons for his 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 any money for bail.
If you or someone you know is being charged or investigated for sexual exploitation of a minor, possession of child pornography, receipt of child pornography, or distrbution of child pornography, call Jason Lamm immediately. |
