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Should I Ever Cooperate With Law Enforcement In A Child Pornography Case?


If you’ve been arrested and you are in police custody, there is usually no reason to make a statement or to hand over evidence. If you learn that you are under investigation, this rule holds true in that situation as well. As soon as you know you are under investigation, get an attorney involved because that attorney is going to protect you and change the whole dynamic of the interaction between you and law enforcement. Law enforcement officers and agents act much differently when they are communicating directly with a suspect than they do when an attorney is involved. Generally, there is no good reason to cooperate. They may make all sorts of promises to induce you to cooperate but those are hollow promises or flat out lies. If there is an opportunity for your cooperation to benefit you in some way, you need an attorney there to broker that kind of a deal to protect yourself.

Are Child Pornography Arrests Generally Bondable Offenses?

Most child pornography cases are bondable. Depending on the seriousness of the case, the prosecutor could present evidence that would support their position that it should be a very high bond. Under circumstances where someone is a repeat offender who is already registered as a sex offender, a judge may consider a no bail situation. Based on the seriousness of the offense and the possible penalties, you should expect that there will need to be a significant amount of cash posted to secure your release.

If Someone Mistakenly Downloads A Video Containing A Minor, Could They Still Face Child Pornography Charges?

Possession of just one image or video of child pornography is technically enough to be charged. It would be exceedingly rare, however, to see that happen. It is possible to be convicted for just one image but the likelihood of that happening is very small. For the most part, child pornography investigations are not someone who clicked on one image and it turned out to be something that they weren’t expecting. They are fishing for individuals who are trading huge quantities of images and videos.

What Are The Penalties For Possession Of Child Pornography?

The penalties for child pornography at the state level escalate relatively quickly. For simple possession, there is a large variety of ways they can charge you and a large variety of enhancements. Simple possession could be as low as a Class 3 or Class 1 felony on the state level. You could be sentenced to probation for them but they escalate quickly from there to Class X felonies, which are non-probation-able and carry a minimum of six to 30 years in prison. On the federal level, the penalties go up even quicker. In the federal system, you see very significant prison sentences in child pornography cases. The penalties are based on the facts.

What Constitutes Child Pornography Distribution?

Distribution means any sort of transfer from one individual to another. You don’t have to sell child pornography; it could just be a friendly trade. It doesn’t take a lot to establish distribution.

For more information on Cooperating With Police In A Child Pornography Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.

Donald N. Macneil, Esq.

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