Federal Crimes: Miami Child Pornography Defense Attorney

Charged with possession of child pornography? You need experienced defense now.

Crimes involving child pornography can be charged both in state and federal court. With the advent of the internet, child pornography has become one of the fastest growing and most publicized crimes being prosecuted in federal court. The Miami criminal defense law firm of Donet, McMillan & Trontz, P.A. has years of experience in federal court defending a variety of cases including cases dealing with child pornography.

Under federal law, child pornography is defined as any visual depiction, including any photographic materials, films, videos, pictures, or computer or computer-related images or pictures, whether produced or made by any electronic, mechanical or other means, of sexually explicit conduct, where:

1. the production of such a visual image involves the use of a minor engaging in explicit sexual conduct;


2. the depiction is a digital, computer, or computer related image that is not distinguishable from that of a minor engaging in sexually explicit conduct; or


3. the depiction has been adapted, modified or created to appear that a minor is engaged in sexually explicit conduct.

THE INVESTIGATION PROCESS FOR CHILD PORNOGRAPHY Once an individual becomes the target of a criminal investigation involving child pornography, criminal investigators have the ability to use a file sharing program to track individuals possessing or sending child pornography on or from a computer. The investigators can then locate the IP address for the computer in which the child pornography is being stored or sent. Once the physical address of the computer is located, agents can obtain a warrant and seize the computer(s) where the child pornography is being stored.

During the seizure of the computer, it is common for the investigative agents to questions the members of the household to determine which party was involved in the downloading or sending of the child pornography. It is important to remember never to provide any statements to law enforcement as it would nearly be impossible to determine which member of the household was responsible for the child pornography located on the computer. Any qualified and experienced attorney that practices criminal law will always advise a suspect to refrain from speaking with law enforcement as any statements made by an accused will make the case easier to prosecute.

Once the computers have been seized, they are sent to a computer forensic analyst who will look for the images on the computer. Deleting files on a computer will not necessarily remove the images from the hard drive and very often the images are stored in a computer's unallocated space. These analysts are trained in retrieving the illegal images of child pornography from the computer. GET IN TOUCH WITH DONET, MCMILLAN & TRONTZ, P.A. FOR TOUGH DEFENSE. Anyone arrested for possession or distribution of child pornography and facing charges in federal court should retain a criminal attorney skilled not only in defending child pornography cases, but also skilled in defending federal cases. An experienced and qualified federal criminal defense attorney will have a better chance of obtaining a bond for the defendant and will understand the federal sentencing guidelines and the mandatory minimum sentences that apply to child pornography cases. In many cases, individuals charged with child pornography cases enter a plea and hope for the best at sentencing. Be mindful that an experienced criminal lawyer should evaluate a case thoroughly to determine if it can be won a trial before a plea guilty is contemplated.

To speak with and experienced Miami federal criminal attorney at DMT about your federal case, or if you have questions regarding a matter involving a federal child pornography charges, please contact DMT to schedule a free consultation. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail.