Shreveport Child Pornography Lawyer

Shreveport Child Pornography Attorney

There are few scarier situations than facing child pornography charges. Even the hint of an accusation can destroy relationships and careers, take you away from your kids, and destroy any hopes you have for the future. If you are in this situation right now, then you need a Shreveport child pornography lawyer.

With over 30 years of experience, Alan J. Golden Attorney at Law can provide a comprehensive legal defense for individuals accused of these crimes, especially in cases where questionable searches and seizures are involved.

Unjustifiable Searches in Child Pornography Cases

In any criminal case, the Fourth Amendment of the U.S. Constitution gives the American people protection against any unjustified searches and seizures. This means the law enforcement agency involved needs to have a solid reason, like probable cause, and get a search warrant before searching your home, vehicle, or any electronic device.

Unjustifiable searches can happen in many different ways. For example, law enforcement could search your personal property without a warrant, or they might go overboard and search your house, even though the warrant says they’re only supposed to be collecting your electronic devices. These mistakes can lead to important evidence being thrown out. In cases of child pornography—where digital evidence has a vital role—improper search and seizure procedures could result in serious legal consequences for the prosecution.

The Exclusionary Rule and How It Applies to Child Pornography Cases

If a search is seen to be unjustifiable, any evidence obtained through that search may be “excluded” under the exclusionary rule. This means the exclusionary rule protects defendants whose rights were violated. In this case, it means evidence collected without a warrant may be thrown out of court. For example, if law enforcement searches your devices without a proper warrant, any evidence of child pornography found cannot be brought up in court.

Alan J. Golden can thoroughly examine how evidence was collected. If violations of your constitutional protections are found, our Shreveport criminal defense attorney can aggressively work toward a dismissal of the charges or a reduction in penalties.

What to Expect in a Child Pornography Case

Once you’ve been accused of a child pornography offense, understanding what comes next is very important. There are two main stages to get through. They are:

1. Pretrial Motions: Before the trial begins, Alan J. Golden Attorney at Law can challenge parts of the prosecution’s case, and one of the most important motions is the motion to suppress evidence. If there is evidence that law enforcement performed an illegal search or seizure, Alan J. Golden Attorney at Law can request that the evidence be excluded from the trial. This can lead to the dismissal of charges or the prosecution’s inability to prove their case.
2. Trial Process: If the case goes to trial, the prosecution then presents evidence to attempt to prove that you knowingly possessed, distributed, or produced child pornography. As your Shreveport sex crimes defense attorney, Alan J. Golden Attorney at Law is ready to cross-examine witnesses, challenge the reliability of the evidence, and scrutinize the methods used to obtain the evidence.

Defending Against Child Pornography Charges

When facing charges as serious as child pornography, Alan J. Golden Attorney at Law can explore every avenue to protect your rights, and some key strategies include:

• Challenging Unlawful Searches: A key method of defense involves questioning the legal grounds of the search. If there’s any hint that the search was unjustifiable, the evidence could be excluded from the trial.
• Disputing the Possession or Distribution of Child Pornography: In some cases, you might not have even known that you were in possession of—or distributed—the material in question. A good defense might involve showing that you didn’t have control over the material. A skilled attorney could also prove that it was accessed or downloaded by someone else if that is the case.
• Errors in Digital Evidence: Digital evidence can be easily damaged or mishandled. Whether it’s an issue with forensic analysis or a mistake made while seizing the data, challenging the validity of digital evidence can be a crucial strategy.
• False Allegations: In some situations, people are falsely accused of possessing child pornography. Whether it’s due to a misunderstanding or a malicious attempt to harm someone, proving that the allegations are false is another possible defense.

FAQs

Can Evidence in a Child Pornography Case Be Dismissed If It Was Taken From My Phone Without a Warrant?

Yes. If law enforcement searched your phone without getting a proper search warrant, the evidence found on it could be excluded from the trial under the exclusionary rule. Alan J. Golden Attorney at Law can file a motion in the pretrial stage to suppress the evidence if it was obtained unlawfully.

What If the Child Pornography Charges Are Based on Material That Was Sent to Me Without My Knowledge?

If you did not knowingly receive or download the material, you may have a valid defense, especially if the computer is shared by more than one person. If that is the case, Alan J. Golden Attorney at Law can present evidence showing that you did not have control over the material and did not intend to possess it.

Can the Prosecution Use My Computer’s Search History as Evidence Against Me in a Child Pornography Case?

It is possible that the prosecution could use your computer’s search history as evidence. However, to use it in court, those records need to have been acquired through legal means—like a warrant. If law enforcement accessed your computer’s search history through an unjustifiable search, the evidence may be thrown out.

How Do Digital Forensic Experts Help Defend Against Child Pornography Charges?

Digital forensic experts can help defend against child pornography charges by:

• Analyzing how the files were originally obtained
• Checking for errors made by law enforcement when they were collecting the data
• Providing alternative explanations for the presence of the material on the defendant’s computer

Their testimony can often be very important when challenging the prosecution’s evidence.

Contact a Shreveport Child Pornography Lawyer Today

If you’re facing charges of child pornography in Shreveport, Louisiana, your freedom and reputation are in extreme danger. Alan J. Golden Attorney at Law can defend your rights and make sure any evidence obtained through unlawful means does not lead to a wrongful conviction.

Contact our firm today to arrange a consultation.