Child Pornography Possession
Being caught with child pornography is one of the most vile types of crimes most people can imagine.
It’s typically done behind closed doors, communicating with others via computer.
If you have been arrested and charged with possession of child pornography, you need a lawyer now. Criminal defense attorney Michael Anzalone is highly experienced in defending child porn cases.
Most of the time pornography between adults is legal. It crosses the line when it involved a child, or anyone under the legal age.
If you have been accused, investigators have probably been targeting you for some time. Perhaps you were chatting online with someone you thought was a minor child when in fact it was a detective posing as a child. This happens every day across the country.
The easiest way to avoid being arrested on these charges is to stay away from these kinds of chat rooms and to never deal in child pornography.
But if you’ve been caught, you need to heed the advice of your lawyer.
The first thing you should understand is that you shouldn’t talk to investigators or police officers about your case. They will be fishing for information that they can use against you. Do not speak to them before you’ve talked to your legal representative. Your lawyer will advise you on what kinds of things you should say and, likewise, the topics you should avoid.
New Hampshire’s criminal code outlines child porn, which you can see at RSA A:3.
Here is how the state describes child porn possession:
No person shall knowingly:
- (a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
- (b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct.
This is in all likelihood a Class A felony in New Hampshire which is punishable by up to 20 years in prison. The state says that a minimum sentence on this offense is “not to exceed ½ of the maximum sentence.” The federal guidelines don’t call for a mandatory minimum sentence.
This is a crime that is frowned upon by almost everyone. The charges are harsh and prosecutors will try their best to build the strongest case possible against you.
You’ll need to work with your attorney on a solid defense. This is often a very complex case that depends on obtaining evidence from computers and determining who the images belong to. Sometimes it depends on forensic evidence that can take some time to put together.
Sometimes these cases are tried in federal court. If so, you need to make sure your attorney is qualified to try cases at the federal level. Michael Anzalone has tried cases at both the state and federal levels and is comfortable working in both venues.
We understand the shame you may feel after your arrest and our goal is to help you get back on your feet as quickly as possible.
Please call 603.548.3797 today to schedule a free consultation with Michael Anzalone.