- child-pornography - Duffy Defense

Fighting Back Against Child Pornography Charges

Possession of child pornography is an extremely serious charge. If you’ve been arrested for child porn possession in Minnesota, your future is on the line. You should understand what type of penalties you’re facing, how to protect yourself, and how a sex crimes attorney can build a case in your defense.

Who Can Be Charged With Possession of Child Pornography in MN?

Minnesota law enforcement can charge you with possession of child pornography if they can demonstrate that child pornography was, at some point, in your possession. This applies to physical media, like photos or videos, but it also applies to digital data. 

Child porn charges typically begin with an investigation, during which the police may confiscate your computers, hard drives, and other digital storage devices. If the police can prove that child pornography was stored on your devices or in your cloud storage, you can be charged with possession of child pornography. 

What Penalties Do I Face for Child Pornography Possession?

Possession of child pornography brings serious consequences in Minnesota. For a first offense, penalties can include: 

  • Up to five years in prison
  • Up to $5,000 in fines
  • Mandatory sex offender registration

It is important to know that the State could charge one Count per image found – 100 images could equal 100 charges. And, the prosecutor could seek to “hernandize” the charges. This means that the prosecutor could ask that the judge find you guilty and sentence you on the first count, which increases the penalty for the subsequent count(s). Under that direction, a presumptive probationary sentence could result in a lengthy prison term.

In addition to the legal consequences, a conviction for child porn can impact your life and future in countless ways. Child pornography charges can harm your reputation, personal relationships, and job prospects. If you’re being investigated for child porn possession, you should call a sex crimes defense attorney right away.

How Can a Sex Crimes Defense Lawyer Help?

A sex crimes defense lawyer is a criminal defense attorney who has experience defending clients charged with sex-related crimes. It’s important to choose an experienced lawyer for your child porn possession case because child pornography charges bring unique challenges. 

The nature of digital media means that it’s possible you had child porn in your possession unknowingly. Unfortunately, law enforcement may also attempt to also charge you with child porn distribution, especially in cases where the child pornography was transferred using peer-2-peer (P2P) file sharing

Your defense lawyer will investigate the charges and identify the possible defense arguments that give you the best chance for a positive court outcome. A lawyer also helps defend you by ensuring that the initial law enforcement investigation and your subsequent treatment didn’t violate your constitutional rights. 

A big part of these cases involve warrants. If the warrant is stale, or does not amount to probable cause, then your attorney can move to suppress the evidence found during execution of the warrant. These cases can also involve violation of your Miranda rights – meaning the officer did not properly advise you of your right to remain silent or have an attorney present during questioning. If you were not read your Miranda rights, there is a chance that the statements you made to police should be suppressed as your constitutional rights were violated. 

Call a Sex Crimes Defense Lawyer Today

It’s important to call a sex crimes defense lawyer as soon as you learn you’re being investigated for possession of child pornography. The sooner you involve a defense lawyer in your case, the better able they are to protect you. 

A conviction for child pornography possession in Minnesota can seriously harm your future. After an arrest or investigation, don’t try to argue with the police or offer explanations of why the material was in your possession. Instead, call an experienced Minnesota sex crimes defense attorney. Let them put their legal knowledge to work fighting for your future.