Child pornography allegations carry some of the biggest social stigmas compared to other sex crime charges. Professionals such as doctors, accountants and lawyers are facing charges for this embarrassing and devastating Internet sex crime. Not only is the individual affected but his or her family as well. Reputations, careers and freedom are at stake here.
If you are under investigation or have been charged with child pornography, experience matters when it comes to beating charges. At the law offices of Joseph D. Rotella, attorney Joseph Rotella has 33 years of criminal defense experience. He is certified by both the New Jersey Supreme Court and the National Board of Trial Advocacy. He is one of only four lawyers in New Jersey to hold both certifications.
When it comes to serious charges like child pornography, you want someone who is a veteran in the courtroom, will fiercely negotiate on your behalf and fight for your freedom. Contact our law firm to schedule a free consultation with our experienced Newark child pornography defense lawyer.
In the past, child pornography conviction penalties were more severe at the federal level. However, the law in New Jersey now enforces strict child pornography penalties. Every image of child pornography can significantly increase your jail sentence. That is why it is so important to have an experienced child pornography defense lawyer who understands the issues at play and can effectively defend you.
The first major issue is whether the image is pornographic. In some instances an image can be argued as art rather than pornography, as there is a distinction between the two. In addition, we examine whether the image is real and not Photoshopped or an animated graphic.
Even if something is deemed as pornography, the next major issue focuses on the computer aspect of the charge. Child pornography is a computer crime. Did the individual intend to download or even actually download the child pornography? Did the individual really knowingly download something or was it accidental? This is a crucial computer forensic analysis of a case. In our society, it is not uncommon for more than one person to access a computer. Special agents and prosecutors who investigate will try to get you to confirm you were the only person to have access. Say nothing, and wait for an experienced child pornography defense attorney to consult with you.
Also, many households have wireless modems. This means that anyone in the household has access — and even persons outside of the home have access — especially if the IP address is unsecured. There are technology defenses to child pornography. Make sure you obtain an attorney who understands these technological issues and knows what arguments to make. Attorney Joseph D. Rotella is one of these attorneys and can do so for your child pornography case.
If you have been charged with child pornography in New Jersey, call the law offices of Joseph D. Rotella to discuss your child pornography defense and options in a free consultation. Call 973-621-0333 or contact the firm online.
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