New Orleans Child Pornography Lawyer
Possessing or distributing child pornography are crimes in Louisiana. These crimes are felonies. This means they are serious offenses. You could be sentenced to at least 5 years at hard labor if convicted. You may also be required to register as a sex offender when you are released. Both the federal government and the state government have become very aggressive in investigating, prosecuting, and penalizing for child pornography. You may have gotten caught up in their wide net.
“I have tried over one hundred trials as a criminal defense lawyer, and I have 30 years of courtroom experience. My duty is to defend my clients with vigorous attention and to safeguard the confidentiality of our attorney-client relationship.”msng– Attorney Robert S. Toale
If you or a loved one has been arrested or face child pornography charges in New Orleans or Jefferson Parish, stop and think for a minute. Do not give a statement to the police. The next move you make can mean the difference between being able to live life on your terms or living under the watchful eye of law enforcement and the prison system. It can mean the difference between being engaged with your community or living under a constant cloud of suspicion and targeting by neighbors and strangers who access your address through an online database of registered sex offenders. Contact our experienced lawyer today for more information or assistance.
Louisiana Law On Child Pornography
In Louisiana the statute is R.S. 14:81.1 and it is called Pornography involving juveniles. Paragraph E explains sentences for child pornography. For example, under E.(1)(a), first offense possession of child pornography is a fine of up to $50,000.00, and sentence range of 5-20 years. There is no parole, probation or suspension of the sentence. However, under E.(5)(a) the sentence range will increase to 10-40 years if the victim is under the age of 13 and the offender is over 17 years of age.
Status as a convicted sex offender and child predator restricts where you can live and where you can work, not to mention your relationships with family members and community members. In addition, a felony child pornography conviction can affect your right to possess a firearm.
The minimum registration period is 15 years; 25 years is more common for crimes like possession or distribution of child pornography. Only with an experienced attorney by your side can you hope to avoid these severe penalties that could impact you for the rest of your life.
Most arrests and prosecutions are for possession, distribution, and possession with intent to distribute, but the statute also penalizes advertising, promoting, and producing. I have copied it below for you to read. If your arrest is connected to pornography from peer-to-peer networking, you were probably arrested for distribution in addition to possession.
Federal Law On Child Pornography
Child pornography may be a federal offense. Federal sentencing guidelines for child pornography distinguish between production, distribution and purchasing/receiving. In addition, it is illegal under federal law to pander or solicit child pornography. Punishments are more severe when the child in the photo or video are prepubescent or under 12.
In these situations, you will need an experienced criminal defense attorney on your side who understands the federal sentencing guidelines and child pornography laws. A good attorney will know how child pornography crimes are investigated. He will also have the ability to go up against experienced and aggressive federal prosecutors and federal law enforcement agents.
You need an attorney with experience defending child pornography charges. The attorney should also be familiar with practicing in federal court. There can be many differences between practicing law in state and federal courts.
Where Did It Come From?
Every case I have handled has involved a computer and many of the cases involve peer-to-peer networking. Most persons arrested for child pornography have never been convicted of a crime before. Many of the clients I have represented did not know how the pornography got on their computer. It was accidentally downloaded when they were downloading many movies at the same time or the title was not indicative of child pornography. It is also possible that an automated program or virus may have been placed on your computer without your knowledge.
Evidence that you deleted certain files may or may not help your case. Law enforcement uses sophisticated techniques. Investigators can tell how many times a particular file was accessed. Telling police you deleted files after realizing they contained child pornography will not prevent your arrest or get you out of trouble.
The Louisiana legislature has changed the law 7 times since 2006 as politicians try to show who can be the toughest on crime. I have been practicing for 34 years and defended my first child pornography case in 2006. Since then I take on more cases each year in Jefferson and Orleans Parishes because the government is spending more money and man power on child pornography cases. The media attention and the support of political groups and community at large have contributed to the harsh consequences of sex crimes in general.
Contact Our Experienced New Orleans Child Pornography Lawyer Today
Hiring an aggressive, experienced, and knowledgeable criminal defense attorney is the most important decision you can make. A good criminal defense lawyer will educate you as to your options, assist you in making critical life altering decisions, investigate the facts that led to your arrest, skillfully examine law enforcement personnel, hire experts and investigators, and litigate the case. I will be in your corner, aggressively defending your rights with the goal of successfully fighting your criminal charges.
Child pornography cases specifically require an exhaustive investigation into all aspects of the criminal allegations against you. It is necessary to have a qualified criminal lawyer with experience in child pornography cases to oversee your investigation of the entire case so that weaknesses in the government’s case can be identified and exploited for you benefit. If you have been charged or are under investigation in state or federal court for child pornography, please call to set up an appointment for a consultation. We can assess your particular case and provide you with the best legal advice on how to proceed. Please allow us to offer you the assistance and support of a criminal defense law firm that has extensive experience with the Federal and State Court system as you deal with this most unfortunate experience.
If you are facing serious child pornography charges, we can help. Let our decades of experience create the solid defense you need. Call 504-370-9233 or simply contact us online to schedule your initial consultation with our New Orleans child pornography defense lawyer.