What Happens After Being Charged with Possession of Child Pornography?
Being charged with possession of child pornography is an incredibly serious legal matter. The consequences can affect you now, and in the future. This crime is always classified as a felony, meaning the penalties are some of the harshest a person can face under the law. Search warrants, criminal investigations, and digital evidence all play pivotal roles in these cases. Even before charges are formally filed against you, an investigation can be extremely stressful and overwhelming. Below, our Indianapolis criminal defense lawyer explains what happens after being charged.
Factors that Increase Penalties for Possession
Typically, possession of child pornography is classified as a Level 6 felony, which is punishable by up to 2.5 years in jail and a maximum fine of $10,000. However, charges can be elevated to a higher level under certain conditions. These include the following:
- The victims involved were very young
- You have previous convictions, particularly if they are related
- You were found in possession of large quantities of material
- You are accused of distributing child pornography
- There is evidence to show you intended to share the material, such as draft of emails with images attached
These cases often hinge on digital evidence, which is incredibly complex. It is important to speak to a lawyer who can review how the files were obtained and stored, as this can be important to your defense strategy.
Investigations Into Possession of Child Pornography
Investigations involving child pornography typically begin well before an arrest is made. Law enforcement agencies may rely on the following:
- Cybercrime task force investigations
- Monitoring internet activity
- Tips from service providers
- Tracking a file-sharing network
- Reports from other agencies
If the investigation establishes probable cause, investigators will usually obtain a search warrant for your electronic devices.
What Happens During a Search?
If law enforcement successfully obtains a search warrant, they may execute it at your home or workplace, or both, to collect your electronic devices. These often include:
- Smartphones
- Computers
- Tablets
- Cloud storage accounts
- External storage drives
The forensic examinations investigators conduct on these devices can take many weeks or even months. Investigators may analyze your browser activity, file download history, storage locations, timestamps, metadata associated with files, and user account access. When multiple people share the same device, identifying the individual associated with the files becomes a central issue.
If you make statements during this phase, they can have a real impact on your case. You should speak to a criminal defense lawyer before answering any questions from law enforcement.
Our Criminal Defense Lawyers in Indianapolis Can Help with Possession Charges
Before you are even arrested and your case formally begins, the investigation for possession of child pornography is extremely stressful and can have a real impact on your life. You do not have to go through it alone. At Rigney Law, LLC, our Indianapolis criminal defense lawyers can provide the advice you need and ensure your rights are upheld during interactions with law enforcement. Call us now at 317-623-0989 or contact us online to request a free consultation.
Source:
law.justia.com/codes/indiana/title-35/article-42/chapter-4/section-35-42-4-4/