Child Pornography Investigations

One of the most common questions we receive from people dealing with criminal offenses is “when should I hire a lawyer?” There is a short answer to that question. If you are asking it, it is probably already the time to speak to an attorney. Many people will come to our office following their arrest or after they’ve been interviewed by the police seeking our advice. Even clients who know they are under investigation often wait for the police or investigators to make a move before seeking a lawyer. This almost universally the wrong move. The moment you believe you are being investigated for a crime, the moment you are contacted by law enforcement about your involvement in a crime, you should be on the phone with a dedicated Sarasota criminal defense lawyer.

While this advice applies to just about any criminal offense under the sun, it specially applies to offenses involving child pornography. People charged with child pornography offenses often don’t fit a typical description. White or black, poor or rich, any and every type of person can be charged with child pornography offenses. The one factor that seems to pop up with the majority of child pornography offenders however, is the lack of a criminal history. Most people charged with this type of offense have never been arrested before in their lives. This leads to a naivety surrounding the entire offense. The ease with which illicit materials are obtained make child pornography defendants delve deeper and deeper into the material. And ignorance of police procedure often leads offenders to make statements and admissions to the police that can harm their case.

Retaining a skilled Sarasota criminal defense lawyer can solve all of these problems. If you are contacted by an officer investigating you for child pornography offenses, telling them that you have a lawyer can act as a magic word. They will no longer be able to legally contact you or ask you questions while you are represented by a lawyer. A lawyer can also help you prepare for an investigation and can assess what faces you might be charging. A lawyer can assist you in dealing with all aspects of the investigatory process which can set you up for later success.

Child pornography investigations will often begin behind the scenes. First, an Internet Service Provider (“ISP”) will get an automatic notice that one of its users has downloaded or otherwise viewed illegal materials. The service provider will then notify law enforcement and will forward them any of the information that they collected in their investigation. Law enforcement will then be given access to the internet user’s personal identification information so that they can track down his or her physical address.

Once the police or investigators have collected enough evidence to identify an offender, they will often submit their findings to a judge in order to get a search warrant. Once a search warrant has been issued, the police can show up to your house unannounced, enter your home and seize any and all materials that might contain evidence of child pornography crimes. They can and will seize your cell phone, your laptop, and your computer. If officers appear at your home to search it and seize your property, make sure you ask to see the search warrant and contact your lawyer right away. Sometimes, unscrupulous police will attempt to conduct a search without a warrant and will ask for your consent. Never consent to a search. Consenting to a search can result in you getting into far more trouble than you otherwise might if you instead contacted a lawyer.

The attorneys at Hanlon Law have the skills and experience to secure the most positive results on your case. Call us today for a consultation at 941.462.1789.