The Seriousness of Getting Caught with Pornographic Child Content

It has always been imperative that minors are protected against those who wish to include them in sexual activities. Anyone caught sexually molesting a child is in for an extremely difficult life, including a long period of incarceration and a lifelong listing on the sex offenders list.

Being in possession of what is classified to be child pornography is also a serious crime, irrespective of whether there has been any physical contact or not, and should a person be caught with computer data that shows children in any sexual context, they are most certainly in hot water due to strict Michigan age of consent laws.

Having Been Charged

If the worst happens and child porn is found in your possession, it is imperative that you seek legal advice as soon as possible. The arresting officer is bound by law to read you your rights and they include the right to speak with a lawyer, so exercise that right at the first opportunity. There are experienced child pornography lawyers in Melbourne whom you can call immediately, regardless of the time, and without legal advice, you are strongly advised to say nothing other than to acknowledge the charge.

The Prosecution

It is down to the prosecution service to prove the following:

• The defendant was in possession of child pornography, which might come in the form of images or video
• The pornographic content depicted a person
• The person was, or appeared to be, a minor
• The said person was depicted in a sexual activity or was being used in a sexual context

If you engage the services of an experienced child pornography lawyer, you will maximise your chances of an acquittal, as the legal expert will use his knowledge to try to have any of the above points unproven, thus ensuring an acquittal.

Magistrate or County Court?

If the pornographic content amount is small, the case might be heard by a local magistrate, yet if the material is of a larger amount, then the case would be heard by the County Court. The maximum sentence is ten years in prison, and any time behind bars is too long. With something as serious as child pornography, you simply cannot afford to take a chance, and if you happen to live in the Melbourne area, there are emergency numbers you can call at any hour, and an experienced lawyer will be on his way to your location.

Essential Legal Advice

The difference between being found guilty or innocent could depend on your legal counsel, and as this is a complex area of law, your lawyer might be able to have the court give you the benefit of the doubt. It is important that you remain calm and say absolutely nothing to the arresting officer (who won’t be alone) and demand to speak with a lawyer. Every person has the right to legal advice when charged with a criminal offence, and if ever there’s a time to remain silent, this would be it.