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The Nightmare Scenario: Navigating Child Pornography Accusations


The Nightmare Scenario: Navigating Child Pornography AccusationsIn this article you will find everything you need to know if:

  • The police contact you about allegations of child pornography.
  • A loved one is charged with the possession or distribution of child pornography.
  • A family member is arrested on charges of child pornography possession or distribution.
Will Law Enforcement Contact Me About Child Pornography Allegations?

Generally, no, the police will not contact you about allegations of child pornography. Law enforcement prefers not to give suspects the advance notice that they are under investigation. This would allow the target of the investigation time to remove or destroy evidence.

Individuals suspected of possessing or distributing child pornography are far more likely to be awoken at six in the morning by police with a search warrant.

I have represented individuals charged with possession and distribution of child pornography where the police contacted them before obtaining a search warrant, but it is exceedingly rare.

What Should I Do If Law Enforcement Contacts Me About Child Pornography Allegations?

If you are contacted regarding an investigation of child pornography, you should immediately seek legal counsel and representation. Even if you think you have done nothing wrong, or you think that there are no illegal material on your computers, devices, or hard drives, you should retain counsel ASAP to ensure the best possible protection from prosecution.

Protection only a specialized and experienced lawyer can offer, as Child Pornography allegations are not something most lawyers will encounter or be able to handle.

Help! My Loved One Was Just Arrested And Charged With Child Pornography.

The first thing you should do if a loved one or family member is arrested or charged with child pornography is contact a specialized and experienced attorney.

When someone is arrested on child pornography charges, their computers and devices will generally be confiscated, but there is still an opportunity to protect the individual. While the police will often focus on evidence of possession (at the very least) or distribution (at worst) based on hard drives and computers, they will still interview the individual accused.

The police will seek to lock down information or get a quick confession. This will make it more complicated for your loved one to assert a defense of innocence, or claim they had this material accidentally or inadvertently.

Therefore, as soon as you learn that someone has been charged, you should contact an attorney. A good lawyer can intervene and get in between the individual and law enforcement. Avoiding an interrogation or interview can sometimes mean the difference between a verdict of guilty or not guilty, so do not wait!

When Will Someone Charged With Child Pornography Be Released From Jail?

Possession or distribution of child pornography is always a felony charge. Therefore, there will be a bond hearing or detention hearing to determine if the individual will be released from jail while the case is pending, or if there will be conditions for that release. There can be many possible outcomes at this stage:

  • The charged person could be released while charges are pending;
  • The charged person could be put under house arrest while charges are pending;
  • The charged person could be released on bail while charges are pending if you can put up the cash or property bond;
  • Under some circumstances the charged individual could be held without bail and will not be released while the charges are pending.

It is crucial to have an attorney with you at that hearing. An experienced defense attorney will be able to navigate that process and ensure the least damaging outcome for your family. They know how to present mitigating factors and favorable facts to the judge in an effort to keep the charged individual out of jail while the case is pending.

How Could This Happen? What Should I Do?

Child pornography is a difficult topic, one which many families may not want to even think about. Arrests and charges may not always be legitimate, however, and might very well be false or inaccurate. Accusations are not condemnations, and you and your loved ones deserve the best possible protection. This can only be ensured by competent and specialized lawyers.

With the guidance of a skilled attorney for Child Pornography Law, you can have the peace of mind that comes with knowing experienced experts are there to help. For more information on Child Pornography Law in Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (708) 218-0947 today.

Donald N. Macneil, Esq.

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